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Timothy B. Hennis v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 17-0263 · judgment February 28, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Petitioner was a Soldier in the U.S. Army when, in 1989, a North Carolina court acquitted him of capital murder. Following a break in his military status, Petitioner continued serving in the Army until his retirement in 2004. In 2010, a courtmartial sentenced Petitioner to death for the same charges underlying his prior acquittal. Because of the break in Petitioner’s military service, the courtmartial could not try him unless the charges were ones “for which [he] cannot be tried in the courts of . . . any State.” 10 U.S.C. § 803(a) (1982). This case presents the following questions:
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Whether the offenses for which Petitioner was tried and acquitted in state court constituted offenses “for which [he] cannot be tried in the courts of . . . any State.”
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Whether 10 U.S.C. § 803(a) is unconstitutional insofar as it allowed the government to courtmartial Petitioner only because the Double Jeopardy Clause would have barred his retrial in a state court.
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Whether the Constitution bars the military from subjecting servicemembers to capital trials for non-military offenses.
Counsel of record
For petitioner
Timothy Gerard Burroughs Jr.
Defense Appellate Division, United States Army Leg
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Jan 11 2021Petition DENIED.
- Jan 05 2021Letter of January 5, 2021, from counsel for petitioner filed. (Distributed)
- Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 21 2020Reply of petitioner Timothy B. Hennis filed. (Distributed)
- Dec 09 2020Brief of respondent United States of America in opposition filed.
- Nov 09 2020Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
- Nov 06 2020Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
- Oct 08 2020Brief amicus curiae of Air Force Appellate Defense Division filed.
- Oct 02 2020Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
- Sep 30 2020Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
- Sep 04 2020Petition for a writ of certiorari filed. (Response due October 9, 2020)