Chapter XII · Appeals and Review
R.C.M. 1205. Review by the Supreme Court
2024 Manual for Courts-Martial, United States · Last updated
See all changes(a) Cases subject to review by the Supreme Court. Under 28 U.S.C. § 1259 and Article 67a, decisions of the Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases: revised · Exec. Order 14130 (Dec. 20, 2024)
(1) Cases reviewed by the Court of Appeals for the Armed Forces under Article 67(a)(1); revised · Exec. Order 14130 (Dec. 20, 2024)
(2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under Article 67(a)(2); revised · Exec. Order 14130 (Dec. 20, 2024)
(3) Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under Article 67(a)(3); and revised · Exec. Order 14130 (Dec. 20, 2024)
(4) Cases other than those described in paragraphs (a)(1), (2), and (3) of this rule in which the Court of Appeals for the Armed Forces granted or refused to grant relief. revised · Exec. Order 14130 (Dec. 20, 2024)
(b) Action by the Supreme Court. After the Supreme Court has taken action, other than denial of a petition for writ of certiorari, in any case, the Judge Advocate General shall, unless the case is returned to the Court of Appeals for the Armed Forces for further proceedings, forward the case to the President or the Secretary concerned in accordance with R.C.M. 1204(c)(2) or (3) when appropriate, or take action in accordance with the decision.