440 (1987) overruled on other grounds by Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) (citing Woodson v. North Carolina, 428 U.S. 280, 303-304, 305, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976) (plurality opinion of Stewart, Powell, and Stevens, JJ.) (internal quotation marks omitted)); Loving v. United States (Loving II), 62 M.J. 235, 236 (C.A.A.F.2005) (" ‘Death is different' is a fundamental principle of Eighth Amendment law.”); Harmelin v. Michigan, 501 U.S. 957, 995, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) ("The penalty of death differs from all other forms of criminal punishment, not in degree but in kind.” (quoting Furman v. Georgia, 408 U.S. 238, 306, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972))); United States v. Curtis (Curtis I), 32 MJ. 252, 255 (C.M.A.1991) (<HOLDING>); see also Jeffrey Abramson, Death-is-Different
recognizing that 18 usc  922g1 treats actual and constructive possession the same holding that although not essential to the outcomes of two previous cases the court of appeals should have followed the texas supreme courts statements in those cases recognizing that the supreme court treats capital and noncapital cases differently holding that the court of appeals has jurisdiction over murder cases under the constitution even if thornton directs such cases to be transferred to the supreme court holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction