Loving v. United States

I agree that Petitioner is entitled to a hearing under United States v. DuBay, 17, C.M.A. 147, 37 C.M.R. 411 (1967), and I agree with the structure of the hearing outlined in the lead opinion.

I write separately to address a threshold question on which we have not previously written: What standards and procedures should we apply in considering a petition for habeas corpus filed during the period between the completion of direct legal review under Article 71, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 871 (2000), and final action under Article 76, UCMJ, 10 U.S.C. § 876 (2000)?…