U.S. v. Ward, 54 M.J. 390

Trial Stages: Appeals: Generally

1. the death of appellant after his case had been affirmed by the Court of Appeals for the Armed Forces does not provide a basis for reconsideration and abatement of the proceedings where: (1) the interests of justice have been satisfied by resolution of the merits of the appeal by the highest court, and first civilian court, in the military justice system; and (2) the petition for reconsideration and abatement did not demonstrate how court’s decision overlooked or otherwise failed properly to apply the facts or law critical to the original decision