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United States v. Church
Military Court
Defendant: Church; the defendant was a military pilot and he wanted the custody of his son and he realized that the only way it was going to happen was if he could get his divorced wife to be murdered. The defendant's friends revealed his intentions to the Office of Special Investigation and they sent an undercover officer as the hitman to the defendant. The defendant made contract with the hitman and told him all the details about the wife's house and even paid him for the plane ticket. To make the long story short, the defendant was charged with attempted premeditated murder and now he argues that his mere solicitation does not meet the standards of attempt.
Issue: Can the military court go along with the ruling of State v. Davis and consider the actions of the defendant as mere preparation of a crime?
Holding: No
Legal Reasoning: The court held that the defendant did everything he had to do in the commission of the crime. The court gave the example that the defendant fired the missle (the hitman) and he aimed this missle at his wife. So the court held that it will not accept the ruling of Davis and it held the defendant guilty of attepmted murder.