
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: 10USC866]

 
                         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. 866. Art. 66. Review by Court of Criminal Appeals

    (a) Each Judge Advocate General shall establish a Court of Criminal 
Appeals which shall be composed of one or more panels, and each such 
panel shall be composed of not less than three appellate military 
judges. For the purpose of reviewing court-martial cases, the court may 
sit in panels or as a whole in accordance with rules prescribed under 
subsection (f). Any decision of a panel may be reconsidered by the court 
sitting as a whole in accordance with such rules. Appellate military 
judges who are assigned to a Court of Criminal Appeals may be 
commissioned officers or civilians, each of whom must be a member of a 
bar of a Federal court or of the highest court of a State. The Judge 
Advocate General shall designate as chief judge one of the appellate 
military judges of the Court of Criminal Appeals established by him. The 
chief judge shall determine on which panels of the court the appellate 
judges assigned to the court will serve and which military judge 
assigned to the court will act as the senior judge on each panel.
    (b) The Judge Advocate General shall refer to a Court of Criminal 
Appeals the record in each case of trial by court-martial--
        (1) in which the sentence, as approved, extends to death, 
    dismissal of a commissioned officer, cadet, or midshipman, 
    dishonorable or bad-conduct discharge, or confinement for one year 
    or more; and
        (2) except in the case of a sentence extending to death, the 
    right to appellate review has not been waived or an appeal has not 
    been withdrawn under section 861 of this title (article 61).

    (c) In a case referred to it, the Court of Criminal Appeals may act 
only with respect to the findings and sentence as approved by the 
convening authority. It may affirm only such findings of guilty, and the 
sentence or such part or amount of the sentence, as it finds correct in 
law and fact and determines, on the basis of the entire record, should 
be approved. In considering the record, it may weigh the evidence, judge 
the credibility of witnesses, and determine controverted questions of 
fact, recognizing that the trial court saw and heard the witnesses.
    (d) If the Court of Criminal Appeals 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) The Judge Advocate General shall, unless there is to be further 
action by the President, the Secretary concerned, the Court of Appeals 
for the Armed Forces, or the Supreme Court, instruct the convening 
authority to take action in accordance with the decision of the Court of 
Criminal Appeals. If the Court of Criminal Appeals has ordered a 
rehearing but the convening authority finds a rehearing impracticable, 
he may dismiss the charges.
    (f) The Judge Advocates General shall prescribe uniform rules of 
procedure for Courts of Criminal Appeals and shall meet periodically to 
formulate policies and procedure in regard to review of court-martial 
cases in the offices of the Judge Advocates General and by Courts of 
Criminal Appeals.
    (g) No member of a Court of Criminal Appeals shall be required, or 
on his own initiative be permitted, to prepare, approve, disapprove, 
review, or submit, with respect to any other member of the same or 
another Court of Criminal Appeals, an effectiveness, fitness, or 
efficiency report, or any other report or document used in whole or in 
part for the purpose of determining whether a member of the armed forces 
is qualified to be advanced in grade, or in determining the assignment 
or transfer of a member of the armed forces, or in determining whether a 
member of the armed forces should be retained on active duty.
    (h) No member of a Court of Criminal Appeals shall be eligible to 
review the record of any trial if such member served as investigating 
officer in the case or served as a member of the court-martial before 
which such trial was conducted, or served as military judge, trial or 
defense counsel, or reviewing officer of such trial.

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90-632, Sec. 2(27), Oct. 
24, 1968, 82 Stat. 1341; Pub. L. 98-209, Secs. 7(b), (c), 10(c)(1), Dec. 
6, 1983, 97 Stat. 1402, 1406; Pub. L. 103-337, div. A, title IX, 
Sec. 924(b)(2), (c)(1), (4)(A), Oct. 5, 1994, 108 Stat. 2831, 2832; Pub. 
L. 104-106, div. A, title XI, Sec. 1153, Feb. 10, 1996, 110 Stat. 468.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
866(a)................................  50:653(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
866(b)................................  50:653(b).                            6
6), 64 Stat. 128.
866(c)................................  50:653(c).
866(d)................................  50:653(d).
866(e)................................  50:653(e).
866(f)................................  50:653(f).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``Each'' is substituted for the words 
``The * * * of each of the armed forces''. The word ``must'' is 
substituted for the word ``shall'' after the word ``whom'', since a 
condition is prescribed, not a command. The words ``of the United 
States'' are omitted as surplusage.
    In subsections (a) and (b), the word ``commissioned'' is inserted 
before the word ``officer''.
    In subsection (c), the word ``may'' is substituted for the word 
``shall'' and for the words ``shall have authority to''.
    In subsection (e), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of the Department''.
    In subsection (f), the words ``of the armed forces'' and 
``proceedings in and before'' are omitted as surplusage.


                               Amendments

    1996--Subsec. (f). Pub. L. 104-106 substituted ``Courts of Criminal 
Appeals'' for ``Courts of Military Review'' in two places.
    1994--Pub. L. 103-337, Sec. 924(c)(4)(A), substituted ``Court of 
Criminal Appeals'' for ``Court of Military Review'' in section 
catchline.
    Pub. L. 103-337, Sec. 924(b)(2), substituted ``Court of Criminal 
Appeals'' for ``Court of Military Review'' wherever appearing.
    Pub. L. 103-337, Sec. 924(c)(1), substituted ``Court of Appeals for 
the Armed Forces'' for ``Court of Military Appeals'' in subsec. (e).
    1983--Subsec. (a). Pub. L. 98-209, Sec. 7(b), inserted provision 
that any decision of a panel may be reconsidered by the court sitting as 
a whole in accordance with the rules.
    Subsec. (b). Pub. L. 98-209, Sec. 7(c), amended subsec. (b) 
generally, designating existing provisions as par. (1), struck out 
provision extending applicability of provisions to sentences affecting a 
general or flag officer, and added par. (2).
    Subsec. (e). Pub. L. 98-209, Sec. 10(c)(1), substituted ``the Court 
of Military Appeals, or the Supreme Court'' for ``or the Court of 
Military Appeals''.
    1968--Subsec. (a). Pub. L. 90-632, Sec. 2(27)(A), (B), substituted 
``Court of Military Review'' for ``board of review'' in section 
catchline and, in subsec. (a), substituted ``Court of Military Review'' 
for ``board of review'' as name of reviewing body established by each 
Judge Advocate General, and inserted provisions setting out procedures 
for such Courts of Military Review, their composition and functions.
    Subsecs. (b) to (e). Pub. L. 90-632, Sec. 2(27)(C), substituted 
``Court of Military Review'' for ``board of review'' wherever appearing.
    Subsec. (f). Pub. L. 90-632, Sec. 2(27)(D), substituted ``Courts of 
Military Review'' for ``boards of review'' in two places.
    Subsecs. (g), (h). Pub. L. 90-632, Sec. 2(27)(E), added subsecs. (g) 
and (h).

                         Change of Name

    Section 924(b)(1) of Pub. L. 103-337 provided that: ``Each Court of 
Military Review shall hereafter be known and designated as a Court of 
Criminal Appeals.''


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but amendments by section 7(b), (c) 
of Pub. L. 98-209 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.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.


 Statutory References to Board of Review Deemed References to Court of 
                             Military Review

    Section 3(b) of Pub. L. 90-632 provided that: ``Whenever the term 
board of review is used, with reference to or in connection with the 
appellate review of courts-martial cases, in any provision of Federal 
law (other than provisions amended by this Act) [see Short Title of 1968 
Amendment note under section 801 of this title] or in any regulation, 
document, or record of the United States, such term shall be deemed to 
mean Court of Military Review [now Court of Criminal Appeals].''

                  Section Referred to in Other Sections

    This section is referred to in sections 707, 861, 862, 864, 865, 869 
of this title.
