Supreme Court of the United States
United States v. Denedo
June 8, 2009556 U.S. 904
Summary
The Court held that military appellate courts have jurisdiction to entertain a coram nobis petition alleging a fundamental defect in a conviction they previously reviewed. That jurisdiction derives from their statutory jurisdiction over the original criminal proceeding, not independently from the All Writs Act, and Article 76's finality provision does not remove it. The Court also held that the CAAF's remand for consideration of Denedo's petition granted relief sufficient to permit Supreme Court review. It affirmed and remanded without deciding whether Denedo deserved the writ. Chief Justice Roberts, joined by Justices Scalia, Thomas, and Alito, concurred in the Supreme Court jurisdiction ruling but dissented from the military-court jurisdiction holding, reasoning that Congress's narrowly drawn military jurisdiction statutes do not authorize this post-finality review.
Holding
- Supreme Court jurisdiction over the CAAF's remand decision.. The CAAF granted relief under 28 U. S. C. § 1259(4) when it reversed the denial of Denedo's petition and remanded for further consideration, permitting Supreme Court review.
- Military appellate jurisdiction to entertain a coram nobis petition challenging a previously reviewed conviction.. The NMCCA had jurisdiction to entertain Denedo's petition, and the CAAF had jurisdiction to review its denial.
- The jurisdictional effect of Article 76's finality provision.. Article 76 does not jurisdictionally bar military appellate courts from considering coram nobis petitions alleging fundamental defects in final convictions.
Docket 08-267
Cited authorities
- 10 U.S.C. § 921
- 10 U.S.C. § 923
- 10 U.S.C. §§ 866
- 28 U.S.C. § 1331
- 10 U.S.C. §§802-803
- 10 U.S.C. §§881
- 28 U.S.C. § 1651
- 28 U.S.C. § 1651
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