In 1998, CAAF issued its opinion in the appeal of Sergeant Murphy’s premeditated murder convictions and death sentence. United States v. Murphy, 50 M.J. 4 (C.A.A.F. 1998). CAAF reversed the death sentence due to IAC and remanded the case to ACCA to decide whether the IAC also affected the findings. Last Friday, about 9-and-a-half years later, ACCA ruled that the IAC didn’t affect the findings and remanded the case for a resentencing hearing in which death will be an authorized punishment. United States v. Murphy, __ M.J. ___, No. ARMY 19872873 (A. Ct. Crim. App. June 27, 2008).
The opinion is by the estimable Judge Greg Maggs, a professor at George Washington University Law School who was sitting on ACCA on a long-term activation.