Background

• 1993 general court-martial convicts appellant of conspiracy, two general-order violations, two premeditated murder specs, armed robbery, adultery, and kidnapping; death sentence and forfeitures, CA approves adjudged sentence.
• 2008 Walker opinion affirms most findings, but sets aside armed robbery and premeditation language for LCpl Page murder and authorizes rehearing on those aspects and sentencing.
• Rehearing (2009-2010) results in armed robbery and premeditated murder findings again, with life confinement, dishonorable discharge, reduction, and reprimand.
• CA later holds the rehearing’s limited scope violated Double Jeopardy by retrial on only one element; court sets aside Page’s premeditated murder finding and reaffirms unpremeditated murder and other convictions.
• This opinion affirms most prior findings and the armed robbery conviction, but assesses sentencing under the corrected Page murder finding; overall sentence remains life confinement, dishonorable discharge, reduction, and reprimand.

Issues

Key Cases Cited

• United States v. Tateo, 377 U.S. 463 (1964) (retrial after conviction allowed in limited circumstances)
• United States v. DiFrancesco, 449 U.S. 117 (1980) (retrial permissible where trial defects corrected; full element proof generally required)
• United States v. Jorn, 400 U.S. 470 (1971) (exception for retrial after appellate reversal for broader issues)
• Burks v. United States, 437 U.S. 1 (1978) (no second trial for same offense after reversal for error in proceedings)
• Arizona v. Washington, 434 U.S. 497 (1978) (finality of appellate remedy; limits on subsequent trials)
• United States v. Ewell, 383 U.S. 116 (1966) (double jeopardy considerations in appellate contexts)
• Wade v. Hunter, 336 U.S. 684 (1949) (statutory right to completion of trial by tribunal; not absolute immunity from error)
• United States v. Ball, 163 U.S. 662 (1896) (earlier articulation of retrial principles in criminal appeals)