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'

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: 1. 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.” 2. 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. 3. Whether the Constitution bars the military from subjecting servicemembers to capital trials for non-military offenses.