We previously discussed NMCCA’s published decision in Dossey, in which a split NMCCA panel reversed its early unpublished 3-0 ruling that it didn’t have jurisdiction under Article 62 to review a mistrial declaration. United States v. Dossey, 66 M.J. 619 (N-M. Ct. Crim. App. 2008).
Petty Officer Dossey’s counsel filed a petition for grant of review on 12 June, giving CAAF a chance to definitively resolve the issue on which the same NMCCA panel has already taken divergently opposed positions. United States v. Dossey, __ M.J. ___, No. 08-0639/NA (C.A.A.F. June 12, 2008). (As we also previously discussed, the final Dossey opinion also conflicts with NMCCA’s well-settled case law on how to interpret Article 62.)