No. 23-666

James T. Cunningham v. United States

Lower Court: Armed Forces
Docketed: 2023-12-20
Status: Denied
Type: Paid
Tags: court-martial criminal-procedure due-process military-justice non-unanimous-verdict prejudice-test sentencing unanimous-verdict victim-impact-statement
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2024-03-22
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

QUESTIONS 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? i PROCEEDINGS The following is a list of all proceedings related to this case: (1) United States v. Cunningham, No. ACM 400938, 2022 CCA LEXIS 527 (A.F. Ct. Crim. App. Sep. 9, 2022) (2) United States v. Cunningham, No. 23-0027, 83 MJ. 367 (C.A.A.F. Jul. 21, 2023) ii

Docket Entries

2024-03-25
Petition DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-02-20
Memorandum of respondent United States in opposition filed.
2024-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2024.
2024-01-09
Motion to extend the time to file a response from January 19, 2024 to February 20, 2024, submitted to The Clerk.
2023-12-15
Petition for a writ of certiorari filed. (Response due January 19, 2024)
2023-10-02
Application (23A283) granted by The Chief Justice extending the time to file until December 18, 2023.
2023-09-28
Application (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.

Attorneys

James Cunningham
Spencer Ross NelsonUnited States Air Force, Air Force JAG Corps, Petitioner
United States
Elizabeth B. Prelogar — Respondent