Legal Opinion
Ross v. United States
Navy-Marine Corps Court of Criminal Appeals
Decided October 25, 1995No. NMCM 9501790PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF ERROR CORAM NOBIS
DeCICCO, Senior Judge:
The petitioner seeks extraordinary relief in the nature of a writ of error coram nobis for denial of his statutory right to appellate review of his court-martial conviction which took place in 1984. The Government replies that it has lost the record of trial and cannot locate a copy or produce another one. Accordingly, it concedes that the requested relief should be granted. We hold that extraordinary relief is available to a petitioner (1) where his sentence meets the…
2Cases cited7 opinions
- Dettinger v. United StatesUnited States Court of Military Appeals · 1979
- United States v. FrischholzUnited States Court of Military Appeals · 1966
- United States v. DunbarUnited States Court of Military Appeals · 1990
- Garrett v. LoweUnited States Court of Military Appeals · 1994
- Aviz v. CarverU.S. Navy-Marine Corps Court of Military Review · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. United StatesNavy-Marine Corps Court of Criminal Appeals · 1998
- Diaz v. United StatesNavy-Marine Corps Court of Criminal Appeals · 2000
- Hobdy v. United StatesNavy-Marine Corps Court of Criminal Appeals · 1997
- Taylor v. GaraffaNavy-Marine Corps Court of Criminal Appeals · 2002
- United States v. ToyNavy-Marine Corps Court of Criminal Appeals · 2004
1 more not listed; retrieve them via the Exa API.