Action by the Judge Advocate General. Articles 66 and 69

Articles 66 and 69, UCMJ; RCM 1201

Cases automatically reviewed by a Court of Criminal Appeals (Article 66)

Cases in which the approved sentence includes death.

Cases in which the approved sentence includes a punitive discharge or confinement for a year or more.

Scope of CCA review: both law and fact

United States v. Clifton , 35 M.J. 79 (C.M.A. 1992). Courts of Military Review need not address in writing all assignments of error, so long as the written opinion notes that judges considered any assignments of error and found them to be without merit.

United States v. Quigley , 35 M.J. 345 (C.M.A. 1992). Choice of whether to call appellate court’s attention to issue rests with counsel, although choice is subject to scrutiny fo effective assistance of counsel in each case.

United States v. Gunter , 34 M.J. 181 (C.M.A. 1992). Error for CMR to deny accused’s motion to submit handwritten matter for consideration by that court (detailed summary by appellate defense counsel not sufficient).

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Cases reviewed by TJAG (Article 69(a))

Those GCMs when the approved sentence does not include a dismissal, DD, or BCD,or confinement for a year or more (Article 69(a)). Those cases where a JA finds, under RCM 1112, that as a matter of law corrective action should be taken and the GCMCA does not take action that is at least as favorable to the accused as that recommended by the JA (RCM 1112(g)(l)).

Cases which have been finally reviewed, but not reviewed by a CCA or TJAG (perRCM 1201(b)(1)), may sua sponte or upon application of the accused under Article 69(b) be reviewed on the grounds of:

1. 1. Newly discovered evidence.
   2. Fraud on the court.
   3. Lack of jurisdiction.
   4. Error prejudicial to the substantial rights of the accused.
   5. Appropriateness of the sentence.

TJAG may consider if the sentence is appropriate and modify or set aside the findings or sentence.

TJAG has the power to authorize a rehearing.

• Military Court-Martial Appeals
• Action by Convening Authority. Article 60, UCMJ; RCM 1107
• Requirements for action on a court martial sentence
• Appeals. Deferment of confinement
• Assertions of Ineffective Assistance of Counsel
• Claims of post-trial cruel and unusual punishment
• Deferment of forfeitures
• Effectiveness of Military Defense Lawyers in the Post-trial Area
• Who may act – the person who convened the court
• General considerations
• Action on findings not required but permissible
• Action on sentence must

United States Army Legal Services Agency (USALSA)

1. Army Court of Criminal Appeals (Article 66, UCMJ).
2. Defense Appellate Division (Article 70, UCMJ).
3. Government Appellate Division (Article 70, UCMJ).
4. Examination and New Trials Division (Article 69, UCMJ).