United States v. Malfe ( 2022 )

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