Page 7, paragraph 2 of United States, Appellee v. Brandon T. Ribaudo, Private U.S. Marine Corps, Appellate which can be read when you click here states, "“It is the ‘longstanding and unanimous view of the lower federal courts that the death of an appellant during the pendency of his appeal of right from a criminal conviction abates the entire course of the proceedings brought against him.’ United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977). It is not until that appeal of right is complete that we can rest assured the interests of justice have been served. See United States v. Wright, 160 F.3d 905, 908 (2d Cir. 1998).”
This statement reads pretty clearly to me that, if my brother was still on appellate leave and still in the appeals process, the case should be thrown out.
In fact, when you read page 54, paragraph 3 of the noted Marine Corps Gazette article which can be read when you click here you will find that it states, "Marines die while on appellate leave. Here is one example. A Marine who was convicted of drug use in 2003 was still on appellate leave when he died of a drug overdose in 2005. The conviction is null and void, and all rights and privileges must be restored. His beneficiaries will receive the SGLI payment of $400,000; backpay, as adjusted for any earnings or public assistance received; and death gratuity. The Marine’s discharge will be in accord with his service record, absent the conviction for use of drugs."
Now... seems pretty clear to me.... so, why is it taking over a month for the Navy to determine whether or not my brother was in good standing at the time of his death?
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