1999

United States v. Gray, 51 MJ 1 (appellant was not denied equal protection by Judge Advocate General’s decision to establish and adhere to procedures to request funding for additional appellate expert mental health assistance where:  (1) death-penalty inmates who submit requests for expert assistance after the new policy became effective were not considered a suspect class; (2) the procedures established were not unreasonable; and, (3) prior funding to other death-penalty inmates did not create any fundamental constitutional right for capital defendants to initially request the Judge Advocate General to provide such funding).

(members of the armed forces are not denied equal protection by virtue of the fact that their cases are not reviewed by an Article III court; see United States v. Loving, 41 MJ 213, 295-296 (1994), aff’d on other grounds, 517 U.S. 748 (1996)).