Krause v. United States

Opinion of the Court

COOK, Judge:

In August 1976, for lack of good cause shown, this Court denied the applicant’s petition for grant of review of his conviction on two specifications of robbery. See Article 67(b), Uniform Code of Military Justice, 10 U.S.C. § 867(b). As a result, the sentence was ripe for execution. Article 71(c), UCMJ, 10 U.S.C. § 871(c). Execution was ordered in October 1976. Thereupon, the findings of guilty and the sentence were “final and conclusive.” Article 76, UCMJ, 10 U.S.C. § 876. A year later, the petitioner filed, in the Navy Court of Military Review, his present…