United States v. Malfe
This text of United States v. Malfe (United States v. Malfe) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES NMCCA NO. 201900187 Appellee Panel 3 v. ORDER Tristen H. MALFE Hospitalman (E-3) U.S. Navy Abating All Proceedings Ab Initio Appellant
It has come to the Court’s attention 1 that on 20 July 2021, while this appeal was still pending before the Court, Appellant died in Boulder County, Colo- rado, as a result of the toxic effects of fentanyl. The coroner ruled the manner of death as accident. Accordingly, it is, by the Court, this 30th day of March, 2022, ORDERED: (1) That all court-martial proceedings are ABATED AB INITIO. 2 (2) That all rights, privileges, and property of which the Appellant was deprived by virtue of the execution of any portion of the sentence will be RESTORED.
FOR THE COURT:
RODGER A. DREW, JR. Clerk of Court
1 Notwithstanding N-M. Ct. Crim. App. R. 23.6, Appellant’s counsel has not filed a motion to attach a death certificate or to abate proceedings. 2 See United States v. Ribaudo, 62 M.J. 286, 289 (C.A.A.F. 2006), “[D]eath during the pendency of an appeal of right abates the proceedings ab initio.” Copy to: 45 (CAPT Belsky) 46 02
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United States v. Malfe, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-malfe-nmcca-2022.