United States v. Denedo (2008)
- Docket
- 08-267
- Decided
- 2008-01-01
Summary
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? Conclusion: Yes. The Supreme Court held that Article I courts, like the Navy-Marine Corps Court of Criminal Appeals (NMCCA), retain jurisdiction under the All Writs Act to consider coram nobis petitions that allege a prior judgment of conviction was fundamentally flawed. With Anthony M. Kennedy writing for the majority and joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, the Court reasoned that since Mr. Denedo's coram nobis petition was simply a further step in his criminal appeal, the NMCCA retained jurisdiction to issue the writ, as the petition challenged the validity of the court's original ruling. Chief Justice John G. Roberts dissented, oined by Justices Antonin G. Scalia, Clarence Thomas, and Samuel A. Alito. Roberts disagreed with the majority that Article I courts have jurisdiction to consider coram nobis petitions. Rather, he argued that military courts are severely restricted in their jurisdiction, which cannot extend beyond the precise limits granted them by Congress.