
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC862]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec. 5(c)(1), 
Dec. 6, 1983, 97 Stat. 1398; Pub. L. 103-337, div. A, title IX, 
Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104-106, div. A, 
title XI, Sec. 1141(a), Feb. 10, 1996, 110 Stat. 466.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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862(a)................................  50:649(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
862(b)................................  50:649(b).                            6
2), 64 Stat. 127.
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---------------------------------

                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-106 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``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 an order or 
ruling of the military judge which terminates the proceedings with 
respect to a charge or specification or which excludes evidence that is 
substantial proof of a fact material in the proceeding. However, the 
United States may not appeal an order or ruling that is, or that amounts 
to, a finding of not guilty with respect to the charge or 
specification.''
    1994--Subsec. (b). Pub. L. 103-337 substituted ``Court of Criminal 
Appeals'' for ``Court of Military Review'' in two places.
    1983--Pub. L. 98-209 amended section generally, substituting 
``Appeal by the United States'' for ``Reconsideration and revision'' as 
section catchline, and, in text, substituting provisions relating to 
appeals by the United States for provisions relating to the convening 
authority returning the record to the court for reconsideration and 
appropriate action.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to apply to any case in 
which the findings and sentence were adjudged by a court-martial before 
that date, and the proceedings in any such case to be held in the same 
manner and with the same effect as if such amendments had not been 
enacted, see section 12(a)(1), (4) of Pub. L. 98-209, set out as a note 
under section 801 of this title.
