U.S. v. Gray, 77 M.J. 5

Trial Stages: Writs and Interlocutory Appeals: Appropriateness of Forum

1. CAAF lacks jurisdiction to entertain a request for coram nobis in a case that is final in all respects under the UCMJ; there is no statutory authority to provide extraordinary relief for a capital case that is final for all purposes under the UCMJ
2. appellant is not entitled to a writ of coram nobis where he has a remedy other than coram nobis to rectify the consequences of the alleged errors, namely a writ of habeas corpus in the Article III courts; an extraordinary remedy such as coram nobis may not issue when alternative remedies, such as habeas corpus, are available; moreover, where appellant is still in confinement, coram nobis relief is unavailable

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. CAAF lacks jurisdiction to entertain a request for coram nobis in a case that is final in all respects under the UCMJ; there is no statutory authority to provide extraordinary relief for a capital case that is final for all purposes under the UCMJ