Chapter XII · Appeals and Review
R.C.M. 1205. Review by the Supreme Court
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (5)(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.
Cross-referencesCited by 5Cites 5
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1205. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 502(d)(5) — Qualifications and duties of personnel of courts-martial
…the possibility of further review by the Court of Appeals for the Armed Forces and the Supreme Court. See R.C.M. 1204 and 1205. If the case may be examined in the office of the Judge Advocate General under Article 65, defense counsel…
R.C.M. 908(c)(3) — Appeal by the United States
…apply to petitions made, or cases certified, under R.C.M. 908 to the Court of Appeals for the Armed Forces. R.C.M. 1205 shall apply to petitions made under R.C.M. 908 to the Supreme Court.
Discussion under R.C.M. 1202(b)(2)(B)(iii) — Appellate counsel
…decision of the Court of Appeals for the Armed Forces, the accused may apply for a writ of certiorari ( see R.C.M. 1205), appellate defense counsel should advise the accused whether to apply for review by the Supreme Court and…
…or (3). If the Supreme Court issues a writ of certiorari, the Judge Advocate General shall take action under R.C.M. 1205(b).
Discussion under R.C.M. 1209(a)(1)(B)(iii)(III) — Finality of courts-martial
See R.C.M. 1201, 1203, 1204, and 1205 concerning cases subject to review by a Court of Criminal Appeals, the Court of Appeals for the Armed…
R.C.M. 1205 cites
Provisions named in the text of R.C.M. 1205. Where the cited provision is on this site, the link opens it.