United States v. Schreck

Opinion of the Court

FLETCHER, Judge:

The Government has moved this Court to dismiss appellant’s petition for grant of review. See Rule 28, Rules of Practice and Procedure, United States Court.of Military Appeals. Government counsel assert this petition was filed in an untimely and improper manner with this Court by appellate defense counsel. See Article 67(c), Uniform Code of Military Justice, 10 U.S.C. § 867(c).

The purported basis for the government’s assertion concerning the filing of appellant’s petition is the decision of this Court in United States v. Smith, 22 U.S.C.M.A. 247, 46 C.M.R.…