Supreme Court of the United States · Official docket →
James T. Cunningham v. United States
Paid petition · United States Court of Appeals for the Armed Forces, No. 23-0027 · judgment July 21, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Whether Senior Airman James T. Cunningham was entitled to a unanimous verdict in his court-martial when the Government convicted him of murder—a serious crime that had no military nexus? II. In finding error—but no prejudice—whether the Court of Appeals for the Armed Forces used the correct test for prejudice when the victim impact statement included videos, personal pictures, stock images of future events, and lyrical music that touched on themes of dying, saying farewell, and becoming an angel in heaven?
Counsel of record
For petitioner
Spencer Ross Nelson
United States Air Force, Air Force JAG Corps
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Mar 25 2024Petition DENIED.
- Mar 06 2024DISTRIBUTED for Conference of 3/22/2024.
- Feb 20 2024Memorandum of respondent United States in opposition filed.
- Jan 11 2024Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2024.
- Jan 09 2024Motion to extend the time to file a response from January 19, 2024 to February 20, 2024, submitted to The Clerk.
- Dec 15 2023Petition for a writ of certiorari filed. (Response due January 19, 2024)
- Oct 02 2023Application (23A283) granted by The Chief Justice extending the time to file until December 18, 2023.
- Sep 28 2023Application (23A283) to extend the time to file a petition for a writ of certiorari from October 19, 2023 to December 18, 2023, submitted to The Chief Justice.