[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Rules and Regulations]
[Pages 2017-2022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-890]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 150
Courts of Criminal Appeals Rules of Practice and Procedure
AGENCY: Defense.
ACTION: Final rule.
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SUMMARY: This rule of practice and procedure is issued pursuant to
Article 66(f), Uniform Code of Military Justice (10 U.S.C. 866(f)
(1994)). It is a uniform rule of practice and procedure for all
military Courts of Criminal Appeals.
EFFECTIVE DATE: May 1, 1996.
FOR FURTHER INFORMATION CONTACT: Colonel Charles B. Heimburg--(202)
767-1550, 172 Luke Avenue, Bolling Air Force Base, Washington, D.C.
20332.
SUPPLEMENTARY INFORMATION: The anticipated citation of the rules will
be 32 CFR Part 150. The notification of opportunity to review and
comment on these rules was published in the Federal Register on
December 13, 1995 at 60 FR 64031-02. Comments were received and
considered.
These rules are not subject to Executive Order 12866, ``Regulatory
Planning and Review,'' Public Law 96-354, ``Regulatory Flexibility
Act;'' or Public Law 96-511, ``Paperwork Reduction Act.''
List of Subjects in 32 CFR Part 150
Administrative practice and procedure, Courts, Military law.
Accordingly, 32 CFR part 150 is revised to read as follows:
PART 150--COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND
PROCEDURE
Sec.
150.1 Name and seal.
150.2 Jurisdiction.
150.3 Scope of review.
150.4 Quorum.
150.5 Place for filing papers.
150.6 Signing of papers.
150.7 Computation of time.
150.8 Qualification of counsel.
150.9 Conduct of counsel.
150.10 Request for appellate defense counsel.
150.11 Assignment of counsel.
150.12 Retention of civilian counsel.
150.13 Notice of appearance of counsel.
150.14 Waiver or withdrawal of appellate review.
150.15 Assignments of error and briefs.
150.16 Oral arguments.
150.17 En banc proceedings.
150.18 Orders and decisions of the Court.
150.19 Reconsideration.
150.20 Petitions for extraordinary relief, answer, and reply.
150.21 Appeals by the United States.
150.22 Petitions for new trial.
150.23 Motions.
150.24 Continuances and interlocutory matters.
150.25 Suspension of rules.
150.26 Internal rules.
150.27 Recording, photographing, broadcasting, or telecasting of
hearings.
150.28 Amendments.
[[Page 2018]]
Appendix A to Part 150--Format for Direction for Review in a Court of
Criminal Appeals
Appendix B to Part 150--Format for Assignment of Errors and Brief on
Behalf of Accused (Sec. 150.15)
Authority: Article 66(f), Uniform Code of Military Justice (10
U.S.C. Sec. 866(f) (1994)).
Sec. 150.1 Name and seal.
(a) The titles of the Courts of Criminal Appeals of the respective
services are:
(1) ``United States Army Court of Criminal Appeals.''
(2) ``United States Navy-Marine Corps Court of Criminal Appeals.''
(3) ``United States Air Force Court of Criminal Appeals.''
(4) ``United States Coast Guard Court of Criminal Appeals.''
(b) Each Court is authorized a seal in the discretion of the Judge
Advocate General concerned. The design of such seal shall include the
title of the Court.
Sec. 150.2 Jurisdiction.
(a) The jurisdiction of the Court is as follows:
(1) Review under Article 66. All cases of trial by court-martial in
which the sentence as approved extends to:
(i) Death; or
(ii) Dismissal of a commissioned officer, cadet or midshipman,
dishonorable or bad-conduct discharge, or confinement for 1 year or
longer; and in which the accused has not waived or withdrawn appellate
review.
(2) Review upon direction of the Judge Advocate General under
Article 69. All cases of trial by court-martial in which there has been
a finding of guilty and a sentence:
(i) For which Article 66 does not otherwise provide appellate
review, and
(ii) Which the Judge Advocate General forwards to the Court for
review pursuant to Article 69(d), and
(iii) In which the accused has not waived or withdrawn appellate
review.
(3) Review under Article 62. All cases of trial by court-martial in
which a punitive discharge may be adjudged and a military judge
presides, and in which the government appeals an order or ruling of the
military judge that terminates the proceedings with respect to a charge
or specification or excludes evidence that is substantial proof of a
fact material to the proceedings, or directs the disclosure of
classified information, imposes sanctions for nondisclosure of
classified information, or refuses to issue or enforce a protective
order sought by the United States to prevent the disclosure of
classified information.
(4) Review under Article 73. All petitions for a new trial in cases
of trial by court-martial which are referred to the Court by the Judge
Advocate General.
(b) Extraordinary writs. The Court may, in its discretion,
entertain petitions for extraordinary relief including, but not limited
to, writs of mandamus, writs of prohibition, writs of habeas corpus,
and writs of error coram nobis.
(c) Effect of rules on jurisdiction. Nothing in this part shall be
construed to extend or limit the jurisdiction of the Courts of Criminal
Appeals as established by law.
Sec. 150.3 Scope of review.
In cases referred to it for review pursuant to Article 66, the
Court may act only with respect to the findings and sentence as
approved by the convening authority. In reviewing a case or action
under Article 69(d) or in determining an appeal under Article 62, the
Court may act only with respect to matters of law. The Court may, in
addition, review such other matters and take such other action as it
determines to be proper under substantive law.e
Sec. 150.4 Quorum.
(a) In panel. When sitting in panel, a majority of the judges
assigned to that panel constitutes a quorum for the purpose of hearing
or determining any matter referred to the panel. The determination of
any matter referred to the panel shall be according to the opinion of a
majority of the judges participating in the decision. However, any
judge present for duty may issue all necessary orders concerning any
proceedings pending on panel and any judge present for duty, or a clerk
of court or commissioner to whom the Court has delegated authority, may
act on uncontested motions, provided such action does not finally
dispose of a petition, appeal, or case before the Court.
(b) En banc. When sitting as a whole, a majority of the judges of
the Court constitutes a quorum for the purpose of hearing and
determining any matter before the Court. The determination of any
matter before the Court shall be according to the opinion of a majority
of the judge participating in the decision. In the absence of a quorum,
any judge present for duty may issue all necessary orders concerning
any proceedings pending in the Court preparatory to hearing or decision
thereof.
Sec. 150.5 Place for filing papers.
When the filing of a notice of appearance, brief, or other paper in
the office of a Judge Advocate General is required by this part, such
papers shall be filed in the office of the Judge Advocate General of
the appropriate armed force or in such other place as the Judge
Advocate General or rule promulgated pursuant to Sec. 150.26 may
designate. If transmitted by mail or other means, they are not filed
until received in such office.
Sec. 150.6 Signing of papers.
All formal papers shall be signed and shall show, typewritten or
printed, the signer's name, address, military grade (if any), and the
capacity in which the paper is signed. Such signature constitutes a
certification that the statements made therein are true and correct to
the best of the knowledge, information, and belief of the persons
signing the paper and that the paper is filed in good faith and not for
purposes of unnecessary delay.
Sec. 150.7 Computation of time.
In computing any period of time prescribed or allowed by this part,
by order of the Court, or by any applicable statute, the day of the
act, event or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed is
to be included, unless it is a Saturday, Sunday, or legal holiday, or,
when the act to be done is the filing of a paper in court, a day on
which the office of the Clerk of the Court is closed due to weather or
other conditions or by order of the Chief Judge, in which event the
period runs until the end of the next day which is neither a Saturday,
Sunday, nor a holiday.
Sec. 150.8 Qualification of counsel.
(a) All counsel. Counsel in any case before the Court shall be a
member in good standing of the bar of a Federal Court, the highest
court of a State or another recognized bar.
(b) Military counsel. Assigned appellate defense and appellate
government counsel shall, in addition, be qualified in accordance with
Articles 27(b)(1) and 70(a), Uniform Code of Military Justice.
(c) Admission. Each Court may license counsel to appear before it.
Otherwise, upon entering an appearance, counsel shall be deemed
admitted pro hac vice, subject to filing a certificate setting forth
required qualifications if directed by the Court.
(d) Suspension. No counsel may appear in any proceeding before the
Court while suspended from practice by the Judge Advocate General of
the service concerned.
Sec. 150.9 Conduct of counsel.
The conduct of counsel appearing before the Court shall be in
accordance
[[Page 2019]]
with rules of conduct prescribed pursuant to Rule for Courts-Martial
109 by the Judge Advocate General of the service concerned. However,
the Court may exercise its inherent power to regulate counsel appearing
before it, including the power to remove counsel from a particular case
for misconduct in relation to that case. Conduct deemed by the Court to
warrant consideration of suspension from practice or other professional
discipline shall be reported by the Court to the Judge Advocate General
concerned.
Sec. 150.10 Request for appellate defense counsel.
An accused may be represented before the Court by appellate counsel
detailed pursuant to Article 70(a) or by civilian counsel provided by
the accused, or both. An accused who does not waive appellate review
pursuant to Rule for Courts-Martial 1110 shall, within 10 days after
service of a copy of the convening authority's action under Rule for
Courts-Martial 1107(h), forward to the convening authority or the Judge
Advocate General:
(a) A request for representation by military appellate defense
counsel, or
(b) Notice that civilian counsel has been retained or that action
has been taken to retain civilian counsel (must include name and
address of civilian counsel), or
(c) Both a request for representation by military appellate defense
counsel under paragraph (a) for this section and notice regarding
civilian counsel under paragraph (b) of this section, or
(d) A waiver of representation by counsel.
Sec. 150.11 Assignment of counsel.
(a) When a record of trial is referred to the court--
(1) If the accused has requested representation by appellate
defense counsel, pursuant to Article 70(c)(1), counsel detailed
pursuant to Article 70(a) will be assigned to represented the accused;
or
(2) If the accused gives notice that he or she has retained or has
taken action to retain civilian counsel, appellate defense counsel
shall be assigned to represent the interests of the accused pending
appearance of civilian counsel. Assigned defense counsel will continue
to assist after appearance by civilian counsel unless excused by the
accused; or
(3) If the accused has neither requested appellate counsel nor
given notice of action to retain civilian counsel, but has not waived
representation by counsel, appellate defense counsel will be assigned
to represent the accused, subject to excusal by the accused or by
direction of the Court.
(b) In any case--
(1) The Court may request counsel when counsel have not been
assigned.
(2) Pursuant to Article 70(c)(2), and subject to paragraph (a)(2)
of this section, appellate defense counsel will represent the accused
when the United States is represented by counsel before the Court.
Sec. 150.12 Retention of civilian counsel.
When civilian counsel represents an accused before the Court, the
Court will notify counsel when the record of trial is received. If both
civilian and assigned appellate defense counsel represent the accused,
the Court will regard civilian counsel as primary counsel unless
notified otherwise. Ordinarily, civilian counsel will use the accused's
copy of the record. Civilian counsel may reproduce, at no expense to
the government, appellate defense counsel's copy of the record.
Sec. 150.13 Notice of appearance of counsel.
Military and civilian appellate counsel shall file a written notice
of appearance with the Court. The filing of any pleading relative to a
case which contains the signature of counsel constitutes notice of
appearance of such counsel.
Sec. 150.14 Waiver or withdrawal of appellate review.
Withdrawals from appellate review, and waivers of appellate review
filed after expiration of the period prescribed by the Rule for Courts-
Martial 1110(f)(1), will be referred to the Court for consideration. At
its discretion, the Court may require the filing of a motion for
withdrawal, issue a show cause order, or grant the withdrawal without
further action, as may be appropriate. The Court will return the record
of trial, in a case withdrawn from appellate review, to the Judge
Advocate General for action pursuant to Rule for Courts-Martial 1112.
Sec. 150.15 Assignments of error and briefs.
(a) General provisions. Appellate counsel for the accused may file
an assignment of error if any are to be alleged, setting forth
separately each error asserted. The assignment of errors should be
included in a brief for the accused in the format set forth in Appendix
B to this part. An original of all assignments of error and briefs, and
as many additional copies as shall be prescribed by the Court, shall be
submitted. Briefs and assignments of errors shall be typed or printed,
double-spaced on white paper, and securely fastened at the top. All
references to matters contained in the record shall show record page
numbers and any exhibit designations. A brief on behalf of the
government shall be of like character as that prescribed for the
accused.
(b) Time for filing and number of briefs. Any brief for an accused
shall be filed within 60 days after appellate counsel has been notified
of the receipt of the record in the Office of the Judge Advocate
General. If the Judge Advocate General has directed appellate
government counsel to represent the United States, such counsel shall
file an answer on behalf of the government within 30 days after any
brief and assignment of errors has been filed on behalf of an accused.
Appellate counsel for an accused may file a reply brief no later than 7
days after the filing of a response brief on behalf of the government.
If no brief is filed on behalf of an accused, a brief on behalf of the
government may be filed within 30 days after expiration of the time
allowed for the filing of a brief on behalf of the accused.
(c) Appendix. The brief of either party may include an appendix. If
an unpublished opinion is cited in the brief, a copy shall be attached
in an appendix. The appendix may also include extracts of statutes,
rules, or regulations. A motion must be filed under Sec. 150.23, infra,
to attach any other matter.
Sec. 150.16 Oral arguments.
Oral arguments may be heard in the discretion of the Court upon
motion by either party or when otherwise ordered by the Court. The
motion of a party for oral argument shall be made no later than 7 days
after the filing of an answer to an appellant's brief. Such motion
shall identify the issue(s) upon which counsel seek argument. The Court
may, on its own motion, identify the issue(s) upon which it wishes
argument.
Sec. 150.17 En banc proceedings.
(a)(1) A party may suggest the appropriateness of consideration or
reconsideration by the Court as a whole. Such consideration or
reconsideration ordinarily will not be ordered except:
(i) When consideration by the full Court is necessary to secure or
maintain uniformity of decision, or
(ii) When the proceedings involve a question of exceptional
importance, or
(iii) When a sentence being reviewed pursuant to Article 66 extends
to death.
(2) In cases being reviewed pursuant to Article 66, a party's
suggestion that a matter be considered initially by the Court as a
whole must be filed with the
[[Page 2020]]
Court within 7 days after the government files its answer to the
assignment of errors, or the appellant files a reply under
Sec. 150.15(b). In other proceedings, the suggestion must be filed with
the party's initial petition or other initial pleading, or within 7
days after the response thereto is filed. A suggestion for
reconsideration by the Court as a whole must be made within the time
prescribed by Sec. 150.19 for filing a motion for reconsideration. No
response to a suggestion for consideration or reconsideration by the
Court as a whole may be filed unless the Court shall so order.
(b) The suggestion of a party for consideration or reconsideration
by the Court as a whole shall be transmitted to each judge of the Court
who is present for duty, but a vote need not be taken to determine
whether the cause shall be considered or reconsidered by the Court as a
whole on such a suggestion made by a party unless a judge requests a
vote.
(c) A majority of the judges present for duty may order that any
appeal or other proceeding be considered or reconsidered by the Court
sitting as a whole. However, en banc reconsideration of an en banc
decision will not be held unless at least one member of the original
majority concurs in a vote for reconsideration.
(d) This rule does not affect the power of the Court sua sponte to
consider or reconsider any case sitting as a whole.
Sec. 150.18 Orders and decisions of the Court.
The Court shall give notice of its orders and decisions by
immediately serving them, when rendered, on appellate defense counsel,
including civilian counsel, if any, government counsel and the Judge
Advocate General, or designee, as appropriate.
Sec. 150.19 Reconsideration.
(a) The Court may, in its discretion and on its own motion, enter
an order announcing its intent to reconsider its decision or order in
any case not later than 30 days after service of such decision or order
on appellate defense counsel or on the appellant, if the appellant is
not represented by counsel, provided a petition for grant of review or
certificate for review has not been filed with the United States Court
of Appeals for the Armed Forces, or a record of trial for review under
Article 67(b) has not been received by that Court. No briefs or
arguments shall be received unless the order so directs.
(b) Provided a petition for grant of review or certificate for
review has not been filed with the United States Court of Appeals for
the Armed Forces, or a record of trial for review under Article 67(b)
or writ appeal has not been received by the United States Court of
Appeals for the Armed Forces, the Court may, in its discretion,
reconsider its decision or order in any case upon motion filed either:
(1) By appellate defense counsel within 30 days after receipt by
counsel, or by the appellant if the appellant is not represented by
counsel, of a decision or order, or
(2) By appellate government counsel within 30 days after the
decision or order is received by counsel.
(c) A motion for reconsideration shall briefly and directly state
the grounds for reconsideration, including a statement of facts showing
jurisdiction in the Court. A reply to the motion for reconsideration
will be received by the Court only if filed within 7 days of receipt of
a copy of the motion. Oral arguments shall not be heard on a motion for
reconsideration unless ordered by the Court. The original of the motion
filed with the Court shall indicate the date of receipt of a copy of
the same by opposing counsel.
(d) The time limitations prescribed by this part shall not be
extended under the authority of Secs. 150.24 or 150.25 beyond the
expiration of the time for filing a petition for review or writ appeal
with the United States Court of Appeals for the Armed Forces, except
that the time for filing briefs by either party may be extended for
good cause.
Sec. 150.20 Petitions for extraordinary relief, answer, and reply.
(a) Petition for extraordinary relief. A petition for extraordinary
relief in the number of copies required by the Court shall be
accompanied by proof of service on each party respondent and will
contain:
(1) A previous history of the case including whether prior actions
have been filed or are pending for the same relief in this or any other
court and the disposition or status of such actions;
(2) A concise and objective statement of all facts relevant to the
issue presented and of any pertinent opinion, order or ruling;
(3) A copy of any pertinent parts of the record and all exhibits
related to the petition if reasonably available and transmittable at or
near the time the petition is filed;
(4) A statement of the issue;
(5) The specific relief sought;
(6) Reasons for granting the writ;
(7) The jurisdictional basis for relief sought and the reasons why
the relief sought cannot be obtained during the ordinary course of
appellate review;
(8) If desired, a request for appointment of appellate counsel.
(b) Format. The title of the petition shall include the name,
military grade and service number of each named party and, where
appropriate, the official military or civilian title of any named party
acting in an official capacity as an officer or agent of the United
States. When an accused has not been named as a party, the accused
shall be identified by name, military grade and service number by the
petitioner and shall be designated as the real party in interest.
(c) Electronic petitions. The Court will docket petitions for
extraordinary relief submitted by electronic means. A petition
submitted by electronic means will conclude with the full name and
address of petitioner's counsel, if any, and will state when the
written petition and brief, when required, were forwarded to the Court
and to all named respondents, and by what means they were forwarded.
(d) Notice to the Judge Advocate General. Immediately upon receipt
of any petition, the clerk shall forward a copy of the petition to the
appropriate Judge Advocate General or designee.
(e) Briefs. Each petition for extraordinary relief must be
accompanied by a brief in support of the petition unless it is filed in
propria persona. The Court may issue a show cause order in which event
the respondent shall file an answer within 10 days of the receipt of
the show cause order. The petitioner may file a reply to the answer
within 7 days of receipt of the answer.
(f) Initial action by the Court. The Court may dismiss or deny the
petition, order the respondent to show cause and file an answer within
the time specified, or take whatever other action it deems appropriate.
(g) Oral argument and final action. The Court may set the matter
for oral argument. However, on the basis of the pleading alone, the
Court may grant or deny the relief sought or make such other order in
the case as the circumstances may require. This includes referring the
matter to a special master, who need not be a military judge, to
further investigate; to take evidence; and to make such recommendations
as the Court deems appropriate.
Sec. 150.21 Appeals by the United States.
(a) Restricted filing. Only a representative of the government
designated by the Judge Advocate General of the respective service may
file an appeal by the United States under Article 62.
(b) Counsel. Counsel must be qualified and appointed, and give
notice
[[Page 2021]]
of appearance in accordance with this part and those of the Judge
Advocate General concerned.
(c) Form of appeal. The appeal must include those documents
specified by Rule for Courts-Martial 908 and by applicable regulations
of the Secretary concerned. A certificate of the Notice of Appeal
described in Rule for Courts-Martial 908(b)(3) must be included. The
certificate of service must reflect the date and time of the military
judge's ruling or order from which the appeal is taken, and the time
and date of service upon the military judge.
(d) Time for filing. All procedural Rules of the Court shall apply
except as noted in this paragraph:
(1) The representative of the government designated by the Judge
Advocate General shall decide whether to file the appeal with the
Court. The trial counsel shall have 20 days from the date written
notice to appeal is filed with the trial court to forward the appeal,
including an original and two copies of the record of trial, to the
representative of the government designated by the Judge Advocate
General. The person designated by the Judge Advocate General shall
promptly file the original record with the Clerk of the Court and
forward one copy to opposing counsel. Appellate government counsel
shall have 20 days (or more upon a showing of good cause made by motion
for enlargement within the 20 days) from the date the record is filed
with the Court to file the appeal with supporting brief with the Court.
Should the government decide to withdraw the appeal after the record is
received by the Court, appellate government counsel shall notify the
Court in writing. Appellate brief(s) shall be prepared in the manner
prescribed by Sec. 150.15.
(2) Appellee shall prepare an answer in the manner prescribed by
Sec. 150.15 and shall file such answer within 20 days after any filing
of the government brief.
(e) The government shall diligently prosecute all appeals by the
United States and the Court will give such appeals priority over all
other proceedings where practicable.
Sec. 150.22 Petitions for new trial.
(a) Whether submitted to the Judge Advocate General by the accused
in propria persona or by counsel for the accused, a petition for new
trial submitted while the accused's case is undergoing review by a
Court of Criminal Appeals shall be filed with an original and two
copies and shall comply with the requirements of Rule for Courts-
Martial 1210(c).
(b) Upon receipt of a petition for new trial submitted by other
than appellate defense counsel, the Court will notify all counsel of
record of such fact.
(c) A brief in support of a petition for new trial, unless
expressly incorporated in or filed with the petition, will be filed
substantially in the format specified by Sec. 150.15 no later than 30
days after the filing of the petition or receipt of the notice required
by paragraph (b) of this section, whichever is later. An appellate's
answer shall be filed no later than 30 days after the filing of an
appellant's brief. A reply may be filed no later than 10 days after the
filing of the appellee's answer.
Sec. 150.23 Motions.
(a) Content. All motions, unless made during the course of a
hearing, shall state with particularity the relief sought and the
grounds therefor. Motions, pleading, and other papers desired to be
filed with the Court may be combined in the same document, with the
heading indicating, for example ``MOTION TO FILE (SUPPLEMENTAL
ASSIGNMENT OF ERRORS) (CERTIFICATE OF CORRECTION) (SUPPLEMENTAL
PLEADING)''; or ``ASSIGNMENT OF ERRORS AND MOTION TO FILE ATTACHED
REPORT OF MEDICAL BOARD''.
(b) Motions to attach documents. If a party desires to attach a
statement of a person to the record for consideration by the Court on
any matter, such statement shall be made either as an affidavit or as
an unsworn declaration under penalty of perjury pursuant to 28 U.S.C.
1746. All documents containing language other than English shall have,
attached, a certified English translation.
(c) Opposition. Any opposition to a motion shall be filed within 7
days after receipt by the opposing party of service of the motion.
(d) Leave to file. Any pleading not authorized or required by this
part, shall be accompanied by a motion for leave to file such pleading.
(e) Oral argument. Oral argument shall not normally be permitted on
motions.
Sec. 150.24 Continuances and interlocutory matters.
Except as otherwise provided in Sec. 150.19(d), the Court, in its
discretion, may extend any time limits prescribed and may dispose of
any interlocutory or other appropriate matter not specifically covered
by this part, in such manner as may appear to be required for a full,
fair, and expeditious consideration of the case. See Sec. 150.4.
Sec. 150.25 Suspension of rules.
For good cause shown, the Court acting as a whole or in panel may
suspend the requirements or provisions of any of this part in a
particular case on petition of a party or on its own motion and may
order proceedings in accordance with its direction.
Sec. 150.26 Internal rules.
The Chief Judge of the Court has the authority to prescribe
internal rules for the Court.
Sec. 150.27 Recording, photographing, broadcasting, or telecasting of
hearings.
The recording, photographing, broadcasting, or televising of any
session of the Court or other activity relating thereto is prohibited
unless specifically authorized by the Court.
Sec. 150.28 Amendments.
Proposed amendments to this part may be submitted to the Chief
Judge of any Court named in Sec. 150.1 or to a Judge Advocate General.
Before acting on any proposed amendments not received from the Chief
Judges, the Judge Advocates General shall refer them to the Chief
Judges of the Courts for comment. The Chief Judges shall confer on any
proposed changes, and shall report to the Judge Advocates General as to
the suitability of proposed changes and their impact on the operation
of the Courts and on appellate justice.
Appendix A to Part 150--Format for Direction for Review in a Court of
Criminal Appeals
In the United States ____________\1\ Court of Criminal Appeals
United States v. ------------------------------------------------------
(Full typed name, rank, service, & service number of accused)
\1\ Use ``Army,'' ``Navy-Marine Corps,'' ``Air Force,'' or
``Coast Guard,'' as applicable.
---------------------------------------------------------------------------
Direction for Review Case No. ________
Tried at (location), on (date(s)) before a (type in court-martial)
appointed by (convening authority)
To the Honorable, the Judges of the United States ____________ Court of
Criminal Appeals
1. Pursuant to Article 69 of the Uniform Code of Military
Justice, 10 U.S.C. Sec. 869 (1994) and the Rules of Practice and
Procedure for Courts of Criminal Appeals, Rule 2(b), the record of
trial in the above-entitled case is forwarded for review.
2. The accused was found guilty by a (type of court-martial) of
a violation of Article(s) ________ of the Uniform Code of Military
Justice, and was sentenced to (include entire adjudged sentence) on
(insert trial date). The convening authority (approved the sentence
as adjudged) (approved the following findings and sentence:
____________). The officer exercising general court-martial
[[Page 2022]]
jurisdiction (where applicable) took the following action:
____________. The case was received for review pursuant to Article
69 on (date).
3. In review, pursuant to Uniform Code of Military Justice,
Article 66, it is requested that action be taken with respect to the
following issues:
[set out issues here]
----------------------------------------------------------------------
The Judge Advocate General
Received a copy of the foregoing Direction for Review this
____________ (date).
----------------------------------------------------------------------
Appellate Government Counsel
----------------------------------------------------------------------
Address and telephone number
----------------------------------------------------------------------
Appellate Defense Counsel
----------------------------------------------------------------------
Address and telephone number
Appendix B to Part 150--Format for Assignment of Errors and Brief on
Behalf of Accused (Sec. 150.15)
In the United States ____________\2\ Court of Criminal Appeals
United States v.-------------------------------------------------------
(Full typed name, rank, service, & service number of accused),
Appellant
\2\ Use ``Army,'' ``Navy-Marine Corps,'' ``Air Force,'' or
``Coast Guard,'' as applicable.
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Assignment of Errors and Brief on Behalf of Accused Case No.
________
Tried at (location), on (date(s)) before a (type of court-martial)
appointed by (convening authority)
To the Honorable, the Judges of the United States ____________ Court of
Criminal Appeals
Statement of the Case
[Set forth a concise summary of the chronology of the case,
including the general nature of the charges, the pleas of the
accused, the findings and sentence at trial, the action by the
convening authority, and any other pertinent information regarding
the proceedings.]
Statement of Facts
[Set forth those facts necessary to a disposition of the
assigned errors, including specific page references and exhibit
numbers. Answers may adopt appellant's or petitioner's statement of
facts if there is no dispute, may state additional facts, or, if
there is a dispute, may restate the facts as they appear from
appellee's or respondent's viewpoint. The repetition of
uncontroverted matters is not desired.]
Errors and Argument
[Set forth each error alleged in upper case letters, followed by
separate arguments for each error. Arguments shall discuss briefly
the question presented, citing and quoting such authorities as are
deemed pertinent. Each argument shall include a statement of the
applicable standard of review, and shall be followed by a specific
prayer for the relief requested.]
Appendix
[The brief of either party may include an appendix containing
copies of unpublished opinions cited in the brief, and extracts of
statutes, rules or regulations pertinent to the assigned errors.]
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(Signature of counsel)
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Name (and rank) of counsel, address and telephone number
Certificate of Filing and Service
I certify that a copy of the foregoing was mailed or delivered
to the Court and opposing counsel on (date).
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Name (rank) (and signature)
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Address and telephone number
____________________ (Date)
Dated: January 9, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-890 Filed 1-14-97; 8:45 am]
BILLING CODE 5000-04-M
