Legal Opinion · Dissent

Denedo v. United States

Court of Appeals for the Armed Forces

Decided March 11, 2008No. 07-8012/NAPublished

1DissentKyan, Judge

“Courts created by statute can have no jurisdiction but such as the statute confers.” Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 818, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (quoting Sheldon v. Sill, 49 U.S. 441, 449, 8 How. 441, 12 L.Ed. 1147 (1850)). There is no statutory basis for jurisdiction in this Court in this case: The petitioner is a civilian, lawfully discharged from military service pursuant to a court-martial conviction. And the case has been final, for purposes of both Articles 71 and 76, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 871, 876 (2005), for…

2Cases cited50 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. Massaro v. United StatesSupreme Court of the United States · 2003
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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