The U.S. Supreme Court denied his petition in March. See, e.g., Lauren Keenan, ​Hegseth seeks death penalty for Fort Hood shooter Nidal Hasan. SAN, 24 September 2025.

A. Sec. Hegseth is not seeking the death penalty; that’s been adjudged and affirmed, but he is seeking approval so an execution can be scheduled and proceed. Under the old Article 71(a), the President had to approve proceeding with the execution personally. Hasan’s execution may be some years off.

In 1987-88, Gray was tried, convicted, and sentenced to death. (He had already pled guilty to the crimes in state court where he was adjudged 8 life sentences.) On 28 July 2008, then President George W. Bush approved the execution under the old Article 71(a), the execution was scheduled for December 2008. However, that execution is still delayed, so here we are 35+ years after the court-martial. There are others in the pipeline–Hennis (United States v. Hennis, 79 M.J. 370 (C.A.A.F. 2020) cert. denied, Hennis v. United States, No. 20-301, 2021 U.S. LEXIS 193 (U.S. Jan. 11, 2021);  Akbar (United States v. Akbar, 74 M.J. 364 (C.A.A.F. 2015) cert. denied, Akbar v. United States, 137 S. Ct. 41, 196 L. Ed. 2d 27, 2016 U.S. LEXIS 5191 (U.S., Oct. 3, 2016); but Gray remains the closest to a lethal injection at the moment. Like Bennett, Gray seems to have significant mental health issues.

Informational Note for DoD Personnel: “Pentagon will now drug-test for psychedelic mushrooms”

What’s new—key points from  Task & Purpose article

• DoD is adding psilocin (the active metabolite of psilocybin) to its drug-testing panels. An August 18 memorandum from the Under Secretary of Defense for Personnel & Readiness directs the change, effective October 1, 2025. Task & Purpose first reported the update and quoted the memo’s rationale: adapting detection and deterrence to “new and emerging drug threats.” Task & PurposeMarijuana Moment

Info Note for U.S. Military Personnel in Europe

Topic: Bicycling while intoxicated (BUI) overseas—what an Army Lawyer article means for you

Bottom line (read this first)

United States v. Mendoza, No. 23‑0210 (C.A.A.F. Oct. 7, 2024), along with a review of the historical evolution of Article 120, UCMJ.

The Air Force is now challenging four decisions of the Air Force Court of Criminal Appeals (AFCCA) before the Court of Appeals for the Armed Forces (CAAF) because they disagree with AFCCA setting aside Article 120, UCMJ, convictions based on the Mendoza case.

We at Cave & Freeburg, LLP, represent one of the four.

A recent case from the Court of Appeals for the Armed Forces (CAAF) highlights the ongoing problem of third-party consent to search of you property. For example, your wife consents.

United States v. Brinkman‑Coronel, Docket No. 24‑0159 (C.A.A.F. May 28, 2025) U.S. Courts – Armed Forces+1Justia Law+1, with historical context on recusal and consent-search doctrine in courts-martial.

1. 🧑‍⚖️ Case Summary

If you are convicted of certain offenses or a sentenced to a dishonorable discharge, you may lose your right to own, possess, use, and buy a firearm. Your military defense lawyer can tell about the effects of those convictions under the UCMJ.

United States v. Johnson, No. 24‑0004 (C.A.A.F. 2025), along with broader context on 18 U.S.C. § 922(g) firearm prohibitions in courts-martial:

📘 Case Summary: United States v. Johnson

United States v. Thomas, Docket No. 24‑0147 (C.A.A.F. June 2025). Batson challenges are relatively rare in courts-martial, and that’s something your military defense counsel should know about. Thomas is a recent example of how such a challenge should be conducted and evaluated.

The history of Batson v. Kentucky, 476 U.S. 79 (1986), in courts-martial reflects the adaptation and development of equal protection principles within the military justice system, particularly as applied to peremptory challenges during member (jury) selection. Below is a structured and detailed history, tracing its introduction, doctrinal development, and modern application in military courts.

I. 🧾 Batson v. Kentucky (1986): Civilian Origin

Military defense counsel advised a client in trouble under the UCMJ will know about the right to silence and counsel.

1. Fifth Amendment Rights & Article 31, UCMJ — Overview

Fifth Amendment

United States v. Mellette. Your military defense counsel needs to know about and understand this case.

📘 1. Background and Prior History

• Accused & Charges
  EM1 (Nuclear) Wendell E. Mellette, Jr. was tried by general court-martial at NAS Jacksonville in August 2019. Contrary to his plea, he was convicted under Article 120b, UCMJ (sexual abuse of a child) for committing sexual contact upon his 15-year‑old sister-in-law. He received five years’ confinement and a dishonorable discharge afcca.law.af.mil+10Lewis & Clark Law School+10Findlaw+10.