Holodinski v. McDowell

OPINION OF THE COURT ON PETITION FOR A WRIT OF MANDAMUS DIRECTING COMPLIANCE WITH ARTICLE 73, UNIFORM CODE OF MILITARY JUSTICE, 10 U.S.C. § 873.

BAUM, Senior Judge:

On 23 May 1979, petitioner, through counsel, submitted a petition for new trial to the Judge Advocate General and contemporaneously sought an order from this Court directing the Judge Advocate General to forward that petition to this Court in accordance with Article 73, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 873, and paragraph 109c, Manual for Courts-Martial, 1969 (Rev.). Article 73 provides that:

At any time within two…