Chapter XII · Appeals and Review
R.C.M. 1209. Finality of courts-martial
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (7)(a) When a conviction is final.
(1) General and special courts-martial. A conviction in a general or special court-martial is final when—
(B) Review is completed by a Court of Criminal Appeals and—
(i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or revised · Exec. Order 14130 (Dec. 20, 2024)
(ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— revised · Exec. Order 14130 (Dec. 20, 2024)
(I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; revised · Exec. Order 14130 (Dec. 20, 2024)
(II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or revised · Exec. Order 14130 (Dec. 20, 2024)
(III) Review is otherwise completed in accordance with the judgment of the Supreme Court. revised · Exec. Order 14130 (Dec. 20, 2024)
(2) Summary courts-martial. A conviction in a summary court-martial is final when a judge advocate completes review under R.C.M. 1307(d) and no further action is required under R.C.M. 1307(e).
Discussion
Although a summary court-martial conviction is final under R.C.M. 1209(a)(2), an accused may petition for post-final review pursuant to R.C.M. 1307(h). See also R.C.M. 1201(h).
(b) Effect of finality. The appellate review of records of trial provided by the UCMJ, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the UCMJ, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by the UCMJ, are final and conclusive. The judgment of a court-martial and orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial under Article 73, to action under Article 69, to action by the Secretary concerned as provided in Article 74, and the authority of the President.
Cross-referencesCited by 7Cites 14
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1209. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 905(g) — Motions generally
…not guilty, a ruling ordinarily is not final until action on the court-martial is completed. See Article 76; R.C.M. 1209. The accused is not bound in a court-martial by rulings in another court-martial. But see Article 3(b);…
R.C.M. 1102(b)(3) — Execution and effective date of sentences
…designated by those regulations has certified that the accused’s case is final within the meaning of R.C.M. 1209. Upon completion of the certification, the official shall forward the certification to the accused’s…
R.C.M. 1102(b)(4)(A) — Execution and effective date of sentences
after the conviction is final within the meaning of R.C.M. 1209 and Article 57(c)(1) as certified by the approval authority designated pursuant to Article 57(a)(4); and
R.C.M. 1102(b)(5)(A) — Execution and effective date of sentences
after the conviction is final within the meaning of R.C.M. 1209; and
R.C.M. 1201(h)(1) — Review by the Judge Advocate General
In general. Notwithstanding R.C.M. 1209, the Judge Advocate General may, upon application of the accused or a person with authority to act for the…
Discussion under R.C.M. 1201(h)(4)(B) — Review by the Judge Advocate General
…Advocate General under this subsection is not part of appellate review within the meaning of Article 76 or R.C.M. 1209. Review of a finding of not guilty only by reason of lack of mental responsibility under this rule may not…
For a definition of “minor offenses,” see subparagraph 1.e, Part V. See R.C.M. 1209(a)(2) for the finality of a finding of guilty at a summary court-martial.
R.C.M. 1209 cites
Provisions named in the text of R.C.M. 1209. Where the cited provision is on this site, the link opens it.