United States v. Sumpter

Opinion of the Court

Appellate defense counsel’s motion to file petition for grant of review out of time refers to “appellant’s previous and inadvertent loss of his petition forms.” Attached to the motion is the petition itself— also signed by appellate defense counsel— which mentions “the inadvertent discarding of his petition forms by appellant” and notes that it is submitted “[a]t the specific request of appellant.” In support, counsel cite United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), which contemplates that appellate defense counsel will present any issues an accused wishes to…