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United States v. Denedo

Docket No.: 08-267
Certiorari Granted: Nov 25 2008
Argued: March 25, 2009
Decided: June 8, 2009

PartyNames: United States v. Jacob Denedo
Petitioner: United States
Respondent: Jacob Denedo

Court Below: United States Court of Appeals for the Armed Forces

United States
v.
Jacob Denedo
Question Presented:

Whether an Article I military appellate court has jurisdiction to entertain a petition for a writ of error coram nobis filed by a former service member to review a court-martial conviction that has become final under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq.

Question:

Does the Navy-Marine Corps Court of Criminal Appeals retain jurisdiction under 28 U.S.C. Section 1651, the All Writs Act, to consider a writ of error coram nobis sought by a former service member?

Holding: is affirmed and remanded
Vote: 5-4
Opinion By: Justice Anthony M. Kennedy
Read UNITED STATES V. DENEDO opinion (PDF)