United States v. Gosser

On Appellant’s petition, we granted the following issues for review:

I. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS LACKED JURISDICTION TO REVIEW THE FINDINGS AND SENTENCE IN APPELLANT’S CASE PURSUANT TO ARTICLE 66(b)(1), UNIFORM CODE OF MILITARY JUSTICE, IN LIGHT OF THE CONVENING AUTHORITY’S UNAMBIGUOUS ACTION THAT DID NOT APPROVE APPELLANT’S ADJUDGED BAD-CONDUCT DISCHARGE.

II. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN ACCEPTING THE NEW CONVENING AUTHORITY’S ACTION AS A COMPETENT CLARIFICATION OF WHETHER THE ORIGINAL CONVENING AUTHORITY HAD INTENDED TO GRANT…