Frage v. Moriarty

Opinion of the Court

COX, Judge:

This case comes before us on consideration of petitioner’s request for relief in the nature of “a writ of mandamus, ordering his release from confinement, in accordance with the writ” of “habeas corpus previously issued by the United States Navy-Marine Corps Court of Military Review,” see Frage v. Edington, 26 MJ 927 (1988); the Government’s writ-appeal petition for review of the decision granting that relief1; and upon certificate for review2.

This Court ordered the petitioner and respondents to submit briefs addressing the following issues: whether the military…