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U.S. Code as of:
01/19/04
Section 867. Art. 67. Review by the Court of Appeals for the Armed Forces
(a) The Court of Appeals for the Armed Forces shall review the
record in -
(1) all cases in which the sentence, as affirmed by a Court of
Criminal Appeals, extends to death;
(2) all cases reviewed by a Court of Criminal Appeals which the
Judge Advocate General orders sent to the Court of Appeals for
the Armed Forces for review; and
(3) all cases reviewed by a Court of Criminal Appeals in which,
upon petition of the accused and on good cause shown, the Court
of Appeals for the Armed Forces has granted a review.
(b) The accused may petition the Court of Appeals for the Armed
Forces for review of a decision of a Court of Criminal Appeals
within 60 days from the earlier of -
(1) the date on which the accused is notified of the decision
of the Court of Criminal Appeals; or
(2) the date on which a copy of the decision of the Court of
Criminal Appeals, after being served on appellate counsel of
record for the accused (if any), is deposited in the United
States mails for delivery by first-class certified mail to the
accused at an address provided by the accused or, if no such
address has been provided by the accused, at the latest address
listed for the accused in his official service record.
The Court of Appeals for the Armed Forces shall act upon such a
petition promptly in accordance with the rules of the court.
(c) In any case reviewed by it, the Court of Appeals for the
Armed Forces may act only with respect to the findings and sentence
as approved by the convening authority and as affirmed or set aside
as incorrect in law by the Court of Criminal Appeals. In a case
which the Judge Advocate General orders sent to the Court of
Appeals for the Armed Forces, that action need be taken only with
respect to the issues raised by him. In a case reviewed upon
petition of the accused, that action need be taken only with
respect to issues specified in the grant of review. The Court of
Appeals for the Armed Forces shall take action only with respect to
matters of law.
(d) If the Court of Appeals for the Armed Forces 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) After it has acted on a case, the Court of Appeals for the
Armed Forces may direct the Judge Advocate General to return the
record to the Court of Criminal Appeals for further review in
accordance with the decision of the court. Otherwise, unless there
is to be further action by the President or the Secretary
concerned, the Judge Advocate General shall instruct the convening
authority to take action in accordance with that decision. If the
court has ordered a rehearing, but the convening authority finds a
rehearing impracticable, he may dismiss the charges.
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