10 U.S.C. § 950g: Review by United States…

Summary

The U.S. Court of Appeals in Washington, D.C. has the only authority to review final convictions and sentences from military commissions once those results are approved by the convening authority (and, if used, after the U.S. Court of Military Commission Review has affirmed or set them aside for legal error). That Court cannot hear the case until all other appeals under this chapter are finished or waived. A petition to that Court must be filed within 20 days after the parties get written notice of the Military Commission Review’s final decision, or within 20 days after the accused files a written waiver in the form required by section 950c. The Court of Appeals can only rule on the approved findings and sentence and only on legal questions, including whether the evidence was enough to support the verdict. The Supreme Court may later review the Court of Appeals’ final judgment by writ of certiorari under 28 U.S.C. 1254.

Title 10, §950g

Armed Forces, Source: USLM XML via OLRC

(a)Exclusive Appellate Jurisdiction.—

Except as provided in subsection (b), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority and, where applicable, as affirmed or set aside as incorrect in law by the United States Court of Military Commission Review) under this chapter.

(b)Exhaustion of Other Appeals.—

The United States Court of Appeals for the District of Columbia Circuit may not review a final judgment described in subsection (a) until all other appeals under this chapter have been waived or exhausted.

(c)Time for Seeking Review.—

A petition for review by the United States Court of Appeals for the District of Columbia Circuit must be filed in the Court of Appeals—

(1)not later than 20 days after the date on which written notice of the final decision of the United States Court of Military Commission Review is served on the parties; or

(2)if the accused submits, in the form prescribed by section 950c of this title, a written notice waiving the right of the accused to review by the United States Court of Military Commission Review, not later than 20 days after the date on which such notice is submitted.

(d)Scope and Nature of Review.—

The United States Court of Appeals for the District of Columbia Circuit may act under this section 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 United States Court of Military Commission Review, and shall take action only with respect to matters of law, including the sufficiency of the evidence to support the verdict.

(e)Review by Supreme Court.—

The Supreme Court may review by writ of certiorari pursuant to section 1254 of title 28 the final judgment of the United States Court of Appeals for the District of Columbia Circuit under this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 950g, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2622, related to review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2011—Subsec. (a). Pub. L. 112–81, § 1034(d)(1), inserted “as affirmed or set aside as incorrect in law by” after “where applicable,”. Subsec. (c). Pub. L. 112–81, § 1034(d)(2)(A), substituted “in the Court of Appeals—” for “by the accused in the Court of Appeals not later than 20 days after the date on which—” in introductory provisions. Subsec. (c)(1). Pub. L. 112–81, § 1034(d)(2)(B), inserted “not later than 20 days after the date on which” before “written notice” and substituted “on the parties” for “on the accused or on defense counsel”. Subsec. (c)(2). Pub. L. 112–81, § 1034(d)(2)(C), inserted “if” before “the accused submits” and inserted before period at end “, not later than 20 days after the date on which such notice is submitted”.

§950g Review by United States Court of Appeals for the District of Columbia Circuit; Writ of Certiorari to Supreme Court