United Statesv.Briggs
The Supreme Court of the United States considered whether the military statute of limitations barred prosecutions for rape committed during the period when the Uniform Code of Military Justice made rape punishable by death. The Court held that no statute of limitations applied to those offenses. The governing version of the UCMJ expressly made a capital offense not subject to limitations, and later amendments did not eliminate that rule for the charged conduct. The Court therefore affirmed the military appellate court’s judgment allowing the prosecutions to proceed. Justice Gorsuch concurred in the judgment while continuing to dispute the Court’s jurisdiction over direct appeals from the military appellate court.
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