CAAF review of capital sentences is mandatory. See Article 67(a)(1). The sentence to death for Master Sergeant Timothy Hennis (U.S. Army Ret.), for three specifications of premeditated murder, was affirmed by the Army CCA last October (discussed here) and the case was docketed at CAAF on March 2. On March 6 the court issued the following order:
No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. It is ordered that the briefs of the Appellant and Appellee, and the reply of the Appellant, if any, in the above-captioned case may be filed electronically, but should counsel file said pleadings in a paper format, such pleadings shall conform in all respects to the requirements of Rule 37(a), Rules of Practice and Procedure, with the additional requirement that they be printed on 3-hole pre-punched paper. Additionally, the joint appendix shall be printed on 3-hole pre-punched paper and otherwise comply in all respects with Rule 24(f)(2). The briefs and the reply, if any, shall be divided into the following parts:
Part A shall set forth systemic issues and case-specific issues raised before the Court of Criminal appeals but not previously decided by this Court.
Part B shall set forth all issues not raised before the court below.
Part C shall set forth systemic issues previously decided by this Court but raised to avoid waiver; these issues may be listed without argument as an exception to Rule 24(a), but must cite pertinent authority to support the position taken.
All exhibits cited in the pleadings filed before this Court shall be included in the joint appendix.
It is the third capital case on CAAF’s docket in as many terms. Last term CAAF reinstated the Air Force CCA’s reversal of the capital sentence in United States v. Witt, 75 M.J. 380 (C.A.A.F. Jul. 19, 2016) (CAAFlog case page), and the term before that it affirmed the capital sentence in United States v. Akbar, 74 M.J. 364 (C.A.A.F. Aug 19, 2015), cert. denied, __ U.S. __ (Oct. 3, 2016) (CAAFlog case page).
Hennis is one of only four prisoners on military death row, our #2 Military Justice Story of 2016. The others are Gray, Akbar, and Hasan. Witt is pending a sentence rehearing that could return him to death row. Loving’s capital sentence was commuted to life without the possibility of parole.