United States v. Ward

I disagree with this Court’s decision not to grant an abatement of appellant’s case, and accordingly, I respectfully dissent.

To justify denying the petition for reconsideration and abatement, the majority attempts to distinguish the facts of the case at bar from the facts of United States v. Kuskie, 11 MJ 253 (CMA 1981), and Berry v. Judges of the United States Army Court of Military Review, 37 MJ 158 (CMA 1993)— two cases in which our Court granted abate*392ments to appellants who died pending appellate review.1 The majority writes:

In Kuskie, the appellant died while his petition for review of…