Berry v. Judges of the United States Army Court of Military Review

I agree with the majority that, under the facts here, petitioner’s “conviction was not final and” that, accordingly, “abatement of the proceedings against him is appropriate. See United States v. Kuskie, 11 MJ 253 (CMA 1981); see also United States v. Lange, 18 MJ 162 (CMA 1984); United States v. Roettger, 17 MJ 453 (CMA 1984) (and cases cited therein).” 37 MJ at 160. As the majority opinion makes clear, it is neither a new nor an unanswered question whether an accused under these circumstances is entitled to abatement or whether this Court has the power to order that disposition.

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