Putting Martinez into a historical perspective

Martinez is at least the third capital court-martial tried since the current military death penalty system took effect in 1984 to result in a total acquittal from the members. The first was also an Army case, United States v. Chrisco, (No. ACMR 8800382) (tried in February 1988). The second was Airman Calvin Hill, who was acquitted of murder in a May 2007 court-martial at Bolling Air Force Base. Hill did, however, plead guilty to some larcenies, for which the members fined him $2,780 and imposed 90 days of hard labor without confinement.

With Staff Sergeant Martinez's conviction, 15 of the known 49 actual capital courts-martial tried under the current post-1984 system have resulted in death sentences, for a 30.6% death sentence rate. But convening authorities set aside 2 of those 15 death sentences, so the system now has a 26.53% approved death sentence rate. (Of those thirteen, seven have been set aside on appeal, four remain pending at the CCA level, and two have been affirmed -- though one of those two affirmed death sentence cases -- Loving -- is currently before CAAF on a petition for a writ of habeas corpus. The other is Gray.)