United States v. Schneider

34 M.J. 639 (1992)

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United States v. Schneider

United States Army Court of Military Review
34 M.J. 639 (1992)

Facts

Major David P. Schneider (defendant) was accused of attempting to murder his wife, Debbie Schneider, by throwing her from an eighth-floor hotel balcony. Schneider was tried in state court for attempted murder and acquitted. Schneider’s state-trial testimony included false statements concerning the events surrounding his wife’s fall from the balcony. A general court-martial subsequently tried Schneider for attempted murder and perjury. Schneider moved to dismiss the perjury charge, arguing that the Fifth Amendment Double Jeopardy Clause precluded the United States government (plaintiff) from trying him for perjury. Schneider reasoned that because his state-court testimony was directly related to the attempted-murder charge and the jury found in his favor on that charge, he could not be charged with perjury for his testimony. The military judge denied Schneider’s motion to dismiss, and he was convicted of attempted murder and perjury. Schneider appealed.

Rule of Law

Issue

Holding and Reasoning (De Giulio, J.)

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