United States v. Shavrnoch

OPINION OF THE COURT

UPON FURTHER REVIEW

MORGAN, C.H., II, Judge:

This case is before us for review following the set-aside of our decision by the United *565States Court of Appeals for the Armed Forces (USCAAF) to consider an issue not raised before us originally, but raised for the first time in appellant’s supplemental petition for grant of review to USCAAF. Upon remand, we specified the following issues:

I

Whether, without good cause shown, or unless a manifest injustice be threatened, failure to raise an issue before this Court in accordance with the rules of practice and procedure of the Courts…