United States v. King

I write to express my concern for the processes which attend today’s decision.

As Judge Werner has indicated, the appellant initially filed a brief on 31 March 1988, asserting a number of errors. We reviewed these issues as required by our legislative mandate and issued an opinion on 13 October 1988. On 2 November 1988, the appellant made application for further review of his case on an issue wholly extraneous and collateral to those previously asserted. My Brothers agreed to entertain appellant’s supplemental assertion of error over my dissent.

Our Rules1 permit an appellant to file before…