Court-Martial Trial Practice Blog
Some may remember United States v. Denedo, where the appellant won at the Supreme Court, but then his appellate lawyer failed to file a petition to CAAF in time–out of court, done, no relief.
So here’s an interesting Coast Guard case–United States v. Reese III.
Reese filed a petition for a writ of coram nobis.
Petitioner now asks that we issue a writ of error coram nobis to set aside his reassessed sentence and remand for a sentence rehearing or, in the alternative, set aside the bad-conduct discharge. He bases this on alleged ineffective assistance of appellate counsel when, contrary to his stated desires, they failed to file a timely petition for review with the CAAF.
Denied. I interpret USCGCCA to be saying he should file at CAAF. Which on the basis of Denedo they might deny.