United States v. Kelley

OPINION OF THE COURT ON REMAND

SQUIRES, Judge:

This case initially came before this court for review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) [hereinafter UCMJ]. Appellate defense counsel assigned one error which we disposed of adversely to appellant. United States v. Kelley, 48 M.J. 677 (Army Ct.Crim. App.1998).

In a supplement to a petition for grant of review before the Court of Appeals for the Armed Forces, the same appellate defense counsel raised the identical error set forth in this court, and, for the first time, asserted that the application of…