Legal Opinion · Dissent

United States v. Thomas

U.S. Navy-Marine Corps Court of Military Review

Decided October 13, 1993No. NMCM 89 1289Published

1DissentJones, Senior Judge

At the outset, it is important to recognize what this case is not. It is not, as most of the case law suggests, the result of a juror second-guessing himself after trial as to his role in returning a verdict of guilt. In such cases, whether the seed of doubt has arisen naturally or been sown by trial defense counsel, that juror may often come forward to provide an affidavit as to any misgivings he might harbor. This case however, is one that has traveled a tortuous path in its post-trial life, spurred on by concerns over latent command influence, and shepherded along the way under this…

2Cases cited42 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Darden v. WainwrightSupreme Court of the United States · 1986
  4. Smith v. PhillipsSupreme Court of the United States · 1982
  5. Clyde Mattox v. United StatesSupreme Court of the United States · 1892

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