United States v. Loving

145. I am not comfortable with the majority’s treatment of several of the assigned issues; I believe that a more penetrating analysis would be helpful in some instances and that the discussion’s focus is somewhat off the mark in others.

On three of the issues, however, I part company with the majority in two areas that relate to the bedrock for ensuring the fairness of a trial like this — a trial that ultimately may serve as the basis for executing this appellant: selection of and deliberations by court members. The first (Issue I — at 238 ¶ 15) raises the cancerous possibility that command…