§866. Art. 66. Courts of Criminal Appeals — Inbound Citations
10 U.S.C. § 866
Cited by 15 provisions in release 119-102.
Citations to 10 U.S.C. § 866 as a whole
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(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Criminal Appeals under section 866 of this title or by the United States Court of Appeals for the Armed Forces under section 867 of this title,
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(A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under section 866 of this title (article 66).
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(B) a review under section 866 of this title (article 66) is completed by a Court of Criminal Appeals and—(i) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;(ii) such a petition is rejected by the Court of Appeals for the Armed Forces; or(iii) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and—(I) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court;(II) such a petition is rejected by the Supreme Court; or(III) review is otherwise completed in accordance with the judgment of the Supreme Court.
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(a) After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—(1) signed by the accused and by defense counsel; and(2) attached to the record of trial.
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(d) Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).
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(2) with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).
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(e) Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only with respect to matters of law.
Citations to §866(a)
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The Secretary may appoint civilian employees of the department in which the Coast Guard is operating as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 10.
Citations to §866(b)
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(A) A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
Citations to §866(b)(1)
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(A) If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and(ii) forward a copy of the record of trial to civilian counsel provided by the accused.
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(1) The Judge Advocate General shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1)) by means of depositing 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 the official service record of the accused.
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(ii) the accused does not file a timely appeal in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
Citations to §866(b)(3)
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(A) the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and
Citations to §866(d)(1)(B)
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(C) the findings set forth in the entry of judgment, as affirmed, dismissed, set aside, or modfied by the Court of Criminal Appeals as incorrect in fact under section 866(d)(1)(B) of this title (article 66(d)(1)(B)).
Citations to §866(h)
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(1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under section 866(h) of this title (article 66(h));