McDaniel v. Stewart

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A CERTIFICATE OF INNOCENCE

CARNE, Senior Judge:

The petitioner was originally tried in Germany in October 1976 by a general court-martial with members for the wrongful sale and possession of heroin and possession of marihuana in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. Upon motion of the defense, the military judge dismissed the specification alleging the sale of heroin prior to the pleas. After findings the military judge also dismissed the specification alleging possession of…