James T. Cunningham v. United States
DueProcess FifthAmendment JusticiabilityDoctri
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?
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