U.S. v. Adams, 86 M.J. 292

First Principles: Jurisdiction: Of Courts of Criminal Appeals

1. neither the CAAF nor a CCA has jurisdiction to entertain a petition for a writ of habeas corpus in a noncapital case after a court-martial is final and a punitive discharge or a dismissal has been executed

First Principles: Jurisdiction: Of U.S. Court of Appeals for the Armed Forces

1. neither the CAAF nor a CCA has jurisdiction to entertain a petition for a writ of habeas corpus in a noncapital case after a court-martial is final and a punitive discharge or a dismissal has been executed

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. neither the CAAF nor a CCA has jurisdiction to entertain a petition for a writ of habeas corpus in a noncapital case after a court-martial is final and a punitive discharge or a dismissal has been executed

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

1. the CAAF reviews questions of its jurisdiction and the jurisdiction of a CCA de novo
2. neither the CAAF nor a CCA has jurisdiction to entertain a petition for a writ of habeas corpus in a noncapital case after a court-martial is final and a punitive discharge or a dismissal has been executed
3. in this noncapital case, appellant's court-martial was final under Article 71(c), UCMJ, when the CAAF denied reconsideration of its decision to deny his petition for review and the convening authority ordered the discharge executed even though the Supreme Court had not yet denied appellant's petition for a writ of certiorari; Article 71(c)(1)(B), UCMJ, gives the word "final" a special definition that supersedes the ordinary meaning of the word; Congress considered the issue of extending finality until after the Supreme Court denied review but chose in Article 71(c)(1)(C), UCMJ, to do so only in cases in which the CAAF has granted review of a petition and review is completed; Article 71(c)(1)(C), UCMJ, does not apply here because this Court did not grant appellant's petition for review

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the CAAF reviews questions of its jurisdiction and the jurisdiction of a CCA de novo