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U.S. Code as of:
01/19/04
Section 862. Art. 62. Appeal by the United States
(a)(1) In a trial by court-martial in which a military judge
presides and in which a punitive discharge may be adjudged, the
United States may appeal the following (other than an order or
ruling that is, or that amounts to, a finding of not guilty with
respect to the charge or specification):
(A) An order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification.
(B) An order or ruling which excludes evidence that is
substantial proof of a fact material in the proceeding.
(C) An order or ruling which directs the disclosure of
classified information.
(D) An order or ruling which imposes sanctions for
nondisclosure of classified information.
(E) A refusal of the military judge to issue a protective order
sought by the United States to prevent the disclosure of
classified information.
(F) A refusal by the military judge to enforce an order
described in subparagraph (E) that has previously been issued by
appropriate authority.
(2) An appeal of an order or ruling may not be taken unless the
trial counsel provides the military judge with written notice of
appeal from the order or ruling within 72 hours of the order or
ruling. Such notice shall include a certification by the trial
counsel that the appeal is not taken for the purpose of delay and
(if the order or ruling appealed is one which excludes evidence)
that the evidence excluded is substantial proof of a fact material
in the proceeding.
(3) An appeal under this section shall be diligently prosecuted
by appellate Government counsel.
(b) An appeal under this section shall be forwarded by a means
prescribed under regulations of the President directly to the Court
of Criminal Appeals and shall, whenever practicable, have priority
over all other proceedings before that court. In ruling on an
appeal under this section, the Court of Criminal Appeals may act
only with respect to matters of law, notwithstanding section 866(c)
of this title (article 66(c)).
(c) Any period of delay resulting from an appeal under this
section shall be excluded in deciding any issue regarding denial of
a speedy trial unless an appropriate authority determines that the
appeal was filed solely for the purpose of delay with the knowledge
that it was totally frivolous and without merit.
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