Friday, February 24, 2023
Order Granting Petition for Review
No. 23-0061/CG. James D. Fink v. Y.B. & U.S. CCA 001-23. On consideration of the writ-appeal petition for review of the decision of the United States Coast Guard Court of Criminal Appeals on application for extraordinary relief, it is ordered that said petition is hereby granted on the following issue:
WHETHER THIS COURT HAS JURISDICTION TO REVIEW A WRIT-APPEAL PETITION FILED BY AN ACCUSED TO REVIEW THE DECISION OF A COURT OF CRIMINAL APPEALS ON A PETITION FOR EXTRAORDINARY RELIEF FILED UNDER ARTICLE 6b, UCMJ.
Within 10 days, each Appellee shall file a brief addressing the arguments in Appellant's writ-appeal petition that Article 67(a)(3), UCMJ, provides this Court jurisdiction, and that the amendment of Article 67(c), UCMJ, in the National Defense Authorization Act of 2017 requires this Court to reconsider its holding in Randolph v. HV, 76 M.J. 27 (C.A.A.F. 2017). Appellant may file an answer no later than 5 days after the filing of the Appellees' briefs.
The Court reserves judgment on whether it will grant review of the other assigned issues in the writ-appeal petition.
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