Loving v. United States

Chief Judge GIERKE

delivered the opinion of the Court.

I. INTRODUCTION

There are two issues before this Court now: (1) whether we have jurisdiction to entertain Petitioner’s assertions of error as to the legality of his death sentence; and (2) if so, whether his two petitions seeking a writ of coram nobis properly present these challenges here. More precisely, the first critical question is whether this Court has jurisdiction over this military death penalty case in the period after “there is a final judgment as to the legality of the proceedings” under Article 71(c)(1), 1 but before the case is…