United States v. Denedo

The Supreme Court just issued an opinion in United States v. Denedo that could have a substantial impact on the military justice system. Denedo was originally from Africa and, upon coming to America, enlisted in the US Navy. He was later court martialed. He pleaded guilty at his court martial, but according to him, only after his attorney assured him that he could not be deported for his court martial conviction. After his trial, the US did take steps to deport Denedo. Denedo’s appeal of his court martial had already been completed and his conviction upheld when the government began deportation proceedings against him.
Upon being served notice that the US intended to deport him, Denedo filed a petition with the Navy-Marine Corps Court of Criminal Appeals asking the court to overturn his conviction due to ineffective assistance of counsel. He argued that had his attorney properly advised him that a conviction could result in his deportation, he never would have agreed to plead guilty.
The Navy argued that the appellate court did not have jurisdiction to set aside Denedo’s conviction since the case had already been affirmed on appeal. Denedo’s case eventually made it all the way to the Supreme Court. The Supreme Court held that the military appellate courts, to include the Navy-Marine Corps Court of Criminal Appeals, have the authority to review cases even after the original appeals process has completed.
Denedo’s case now will go back to the Navy-Marine Corps Court of Criminal Appeals. This doesn’t mean that he has won and that his conviction will be overturned, only that he will be given the opportunity to argue that his conviction should be overturned. He still has an uphill battle as it is difficult to win ineffective assistance of counsel claims (which is part of the reason that it is so important to hire a good attorney from the start of the case.) This is a significant case because it will allow other service members to challenge their court martial convictions, even after the appeals process has been completed. I would anticipate that very few cases will ever be overturned on further review, but this does give service members another opportunity to appeal their convictions. The ruling will apply to both guilty plea cases and to cases where there was a trial. I believe that most appeals will come from guilty plea cases, like Denedo’s, though, where the accused pleaded guilty and did not present a rigorous appeal until he later learned of some of the consequences of his conviction and guilty plea.