Moore v. Akins , 30 M.J. 249 (C.M.A. 1990). Moore successfully appealed his rape convictions before NMCMR and sought release from confinement pending the government’s appeal to the C.M.A. Held:
- Under the All Writs Act, 28 U.S.C. 1651, C.M.R. and C.M.A. have authority to orderdeferment of confinement pending completion of appellate review.
- If the accused has won a “favorable decision from the Court of Military Review,” and“the situation is one in which the Government could establish a basis for pretrial confinement ( see RCM 305), then it should have the opportunity to show why the accused should be kept in confinement pending the completion of appellate review. This can best be handled by ordering a hearing before a military judge or special master [for a determination similar to that for pretrial confinement].”