Legal Opinion

Johnson v. United States

Navy-Marine Corps Court of Criminal Appeals

Decided December 22, 1998No. NMCM 9801076PublishedCited by 3 opinions

1Opinion of the Court

ANDERSON, Judge:

The petitioner requests that this court afford him extraordinary relief in the nature of a writ of error coram nobis for the improper execution of the bad-conduct discharge and forfeitures of pay awarded him by a special court-martial conducted in 1968.1 He asks this court to set aside his discharge and award him back pay. We hold that extraordinary relief is not available where the petition: (1) fails to describe an error of a fundamental character; (2) is submitted before the exhaustion of another authorized means of administrative review; (3) fails to demonstrate what…

2Cases cited25 opinions

  1. United States v. MorganSupreme Court of the United States · 1954
  2. United States v. MayerSupreme Court of the United States · 1914
  3. Gordon K. Hirabayashi v. United States of America, Gordon K. Hirabayashi v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  4. United States v. Marvin Mandel, W. Dale Hess, Harry W. Rodgers, Iii, William A. Rodgers, Irvin Kovens, and Ernest N. CoryCourt of Appeals for the Fourth Circuit · 1989
  5. Woodrow Fleming v. United StatesCourt of Appeals for the Second Circuit · 1998

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3Cited by3 opinions

  1. Loving v. United StatesCourt of Appeals for the Armed Forces · 2005
  2. People v. ValdezColorado Court of Appeals · 2007
  3. United States v. HarrisNavy-Marine Corps Court of Criminal Appeals · 2017

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