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Court Modifies Kennedy Decision

By Corey Rayburnyung

From SCOTUSBlog, the Court has modified both the majority and dissenting opinions in Kennedy v. Louisiana by adding footnotes to each opinion. The modifications can be seen here in the modified opinion. Footnote * of the majority opinion now reads:When issued and announced on June 25, 2008, the Court?s decision neither noted nor discussed the military penalty for rape under the Uniform Code of Military Justice. See 10 U. S. C. §§856, 920; Manual for Courts-Martial, United States, Part IV, ¶45.f(1) (2008). In a petition for rehearing respondent argues that the military penalty bears on our consideration of the question in this case. For the reasons set forth in the statement respecting the denial of rehearing, post, p. ___, we find that the military penalty does not affect our reasoning or conclusions...continue to full post

Full post as published by Sex Crimes on October 01, 2008 (boomark / email).