10 U.S.C. § 866 : US Code - Section 866: Art. 66. Review by Court of Criminal Appeals

Search 10 U.S.C. § 866 : US Code - Section 866: Art. 66. Review by Court of Criminal Appeals

(a) Each Judge Advocate General shall establish a Court of
Criminal Appeals which shall be composed of one or more panels, and
each such panel shall be composed of not less than three appellate
military judges. For the purpose of reviewing court-martial cases,
the court may sit in panels or as a whole in accordance with rules
prescribed under subsection (f). Any decision of a panel may be
reconsidered by the court sitting as a whole in accordance with
such rules. Appellate military judges who are assigned to a Court
of Criminal Appeals may be commissioned officers or civilians, each
of whom must be a member of a bar of a Federal court or of the
highest court of a State. The Judge Advocate General shall
designate as chief judge one of the appellate military judges of
the Court of Criminal Appeals established by him. The chief judge
shall determine on which panels of the court the appellate judges
assigned to the court will serve and which military judge assigned
to the court will act as the senior judge on each panel.
(b) The Judge Advocate General shall refer to a Court of Criminal
Appeals the record in each case of trial by court-martial -
(1) in which the sentence, as approved, extends to death,
dismissal of a commissioned officer, cadet, or midshipman,
dishonorable or bad-conduct discharge, or confinement for one
year or more; and
(2) except in the case of a sentence extending to death, the
right to appellate review has not been waived or an appeal has
not been withdrawn under section 861 of this title (article 61).
(c) In a case referred to it, the Court of Criminal Appeals may
act only with respect to the findings and sentence as approved by
the convening authority. It may affirm only such findings of
guilty, and the sentence or such part or amount of the sentence, as
it finds correct in law and fact and determines, on the basis of
the entire record, should be approved. In considering the record,
it may weigh the evidence, judge the credibility of witnesses, and
determine controverted questions of fact, recognizing that the
trial court saw and heard the witnesses.
(d) If the Court of Criminal Appeals sets aside the findings and
sentence, it may, except where the setting aside is based on lack
of sufficient evidence in the record to support the findings, order
a rehearing. If it sets aside the findings and sentence and does
not order a rehearing, it shall order that the charges be
dismissed.
(e) The Judge Advocate General shall, unless there is to be
further action by the President, the Secretary concerned, the Court
of Appeals for the Armed Forces, or the Supreme Court, instruct the
convening authority to take action in accordance with the decision
of the Court of Criminal Appeals. If the Court of Criminal Appeals
has ordered a rehearing but the convening authority finds a
rehearing impracticable, he may dismiss the charges.
(f) The Judge Advocates General shall prescribe uniform rules of
procedure for Courts of Criminal Appeals and shall meet
periodically to formulate policies and procedure in regard to
review of court-martial cases in the offices of the Judge Advocates
General and by Courts of Criminal Appeals.
(g) No member of a Court of Criminal Appeals shall be required,
or on his own initiative be permitted, to prepare, approve,
disapprove, review, or submit, with respect to any other member of
the same or another Court of Criminal Appeals, an effectiveness,
fitness, or efficiency report, or any other report or document used
in whole or in part for the purpose of determining whether a member
of the armed forces is qualified to be advanced in grade, or in
determining the assignment or transfer of a member of the armed
forces, or in determining whether a member of the armed forces
should be retained on active duty.
(h) No member of a Court of Criminal Appeals shall be eligible to
review the record of any trial if such member served as
investigating officer in the case or served as a member of the
court-martial before which such trial was conducted, or served as
military judge, trial or defense counsel, or reviewing officer of
such trial.