United States v. Lange

Opinion of the Court

The Acting Judge Advocate General of the Army certified the following issue for review in accordance with Article 67(b)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(b)(2):

WHETHER THE ARMY COURT OF MILITARY REVIEW ERRED IN SETTING ASIDE AN APPELLANT’S FINDINGS OF GUILTY AND SENTENCE AND THEN DISMISSING THE CHARGES BECAUSE APPELLANT DIED, AFTER THAT COURT HAD AFFIRMED THE FINDINGS AND SENTENCE AND CONSTRUCTIVELY SERVED ON APPELLANT THEIR DECISION BUT SAID DEATH OCCURRED BEFORE APPELLANT’S STATUTORY TIME FOR FILING A PETITION FOR A GRANT OF REVIEW TO THE UNITED…