No. 20-301

Timothy B. Hennis v. United States

Lower Court: Armed Forces
Docketed: 2020-09-09
Status: Denied
Type: Paid
Amici (1)
Tags: capital-punishment constitutional-provisions court-martial double-jeopardy due-process military-justice military-law state-court-acquittal state-jurisdiction
Latest Conference: 2021-01-08
Question Presented (from Petition)

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 court-martial 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.

Question Presented (AI Summary)

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'

Docket Entries

2021-01-11
Petition DENIED.
2021-01-05
Letter of January 5, 2021, from counsel for petitioner filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-21
Reply of petitioner Timothy B. Hennis filed. (Distributed)
2020-12-09
Brief of respondent United States of America in opposition filed.
2020-11-09
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
2020-11-06
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
2020-10-08
Brief amicus curiae of Air Force Appellate Defense Division filed.
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
2020-09-30
Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
2020-09-04
Petition for a writ of certiorari filed. (Response due October 9, 2020)

Attorneys

Air Force Appellate Defense Division
Mark Clifford BrueggerU.S. Air Force, Amicus
Timothy B. Hennis
Timothy Gerard Burroughs Jr.Defense Appellate Division, United States Army Legal Services Agency, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent