United States v. Brown

(Dissenting) :

I would deny the Motion to Strike the Petition for Grant of Review and allow the Government fifteen days in which to reply to the issue raised. I am of the opinion that notwithstanding that the time for petitioning the Court in the ordinary course of review has elapsed, the petitioner questions the jurisdiction of the court-martial to hear his case within the meaning of O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969), and the question of jurisdiction may be raised at anytime. United States v Ferguson, 17 USCMA 200, 37 CMR 464 (1967). Had this accused made a…