No. 23-242

Jonathan M. Martinez v. United States

Lower Court: Armed Forces
Docketed: 2023-09-14
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (AI Summary)

Whether military convictions for serious offenses must be unanimous

Question Presented (OCR Extract)

QUESTION PRESENTED In Ramos v. Louisiana, 140 S. Ct. 1390 (2020), this Court held that the Sixth Amendment’s right to a “trial... by an impartial jury” requires that criminal convictions for serious offenses be unanimous not just in federal civilian courts, but in state courts as well. Those prosecuted under the Uniform Code of Military Justice (UCMJ), in contrast, can be found guilty—and sentenced to as much as_ life imprisonment without the possibility of parole—by a 6-2 vote of a panel of servicemembers, even for civilian offenses over which state or federal civilian courts have concurrent jurisdiction. The Question Presented is: Whether military convictions for serious offenses must be unanimous.

Docket Entries

2024-02-20
Petition DENIED.
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2024-01-09
Reply of petitioners Jonathan M. Martinez, et al. filed. (Distributed)
2023-12-27
Brief of respondent United States in opposition filed.
2023-11-22
Motion to extend the time to file a response is granted and the time is further extended to and including December 27, 2023.
2023-11-21
Motion to extend the time to file a response from December 6, 2023 to December 27, 2023, submitted to The Clerk.
2023-11-01
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2023.
2023-10-31
Motion to extend the time to file a response from November 6, 2023 to December 6, 2023, submitted to The Clerk.
2023-10-05
Response Requested. (Due November 6, 2023)
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-26
Waiver of right of respondent United States to respond filed.
2023-09-08
Petition for a writ of certiorari filed. (Response due October 16, 2023)

Attorneys

Jonathan M. Martinez, et al.
Stephen I. Vladeck — Petitioner
Stephen I. Vladeck — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent