United States v. Davis

RITTER, Senior Judge:

The case before us is an interlocutory appeal by the Government, pursuant to Article 62, Uniform Code of Military Justice, 10 U..S.C. § 862, and Rule for Courts-Martial 908, Manual for Courts-Martial, United States (2002 ed.). The Government contends the military judge erred as a matter of law when he: (1) concluded that personal jurisdiction over the appellee was terminated by the delivery of an administrative discharge before his general court-martial had completed appellate review; and (2) terminated the sentence rehearing specifically authorized by order of the Court…