Secretary of the Army v. Curry
United States Court of Appeals for the District of Columbia Circuit
595 F.2d. 873 (1979)
- Written by Salina Kennedy, JD
Facts
Robert E. Curry (plaintiff) was convicted of two homicides in a trial by general court-martial. After the conclusion of his criminal case, Curry sued the Secretary of the Army (the Army) (defendant) in federal district court, alleging that his court-martial had violated his Fifth Amendment right to due process. Curry argued that the structure of the court-martial system, including the ability of a convening authority to refer charges to a court-martial and to select the members of the court-martial, was fundamentally incompatible with due process, would be unconstitutional in the civilian justice system, and was not justified in the military justice system. The district court granted the Army’s motion for summary judgment, and Curry appealed.
Rule of Law
Issue
Holding and Reasoning (Tamm, J.)
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