United States v. Murphy
United States Court of Appeals for the Armed Forces
50 M.J. 4 (1998)
- Written by Salina Kennedy, JD
Facts
Sergeant James T. Murphy (defendant) was accused of killing his former wife, Petra; his former stepson, Tim; and his son, James, Jr. At the time of the murders, Murphy was stationed in Germany. Because Petra and Tim were German citizens, both the German government and the United States Army had jurisdiction over the offenses. Murphy was tried by court-martial, convicted of the murders, and sentenced to death. The Court of Military Review affirmed the convictions and the sentence, and Murphy appealed. One of Murphy’s arguments on appeal was that the court-martial lacked jurisdiction to try him. According to Murphy, the North Atlantic Treaty Organization Status of Forces Agreement (NATO SOFA) granted Germany primary jurisdiction over the murders of Petra and Tim, but American authorities had misled German authorities to believe that primary jurisdiction over the murders rested with the army. According to Murphy, if Germany had realized that it had primary jurisdiction, then it would have exercised jurisdiction over his case and he would have been tried pursuant to German law, which prohibited capital punishment. Therefore, Murphy argued, his court-martial contravened the NATO SOFA.
Rule of Law
Issue
Holding and Reasoning (Cox, C.J.)
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