Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 66. Courts of Criminal Appeals
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (33)(a) COURTS OF CRIMINAL APPEALS.—
(1) IN GENERAL.— 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 (h). 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 and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. 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. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
(2) ADDITIONAL QUALIFICATIONS.— In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law before such assignment.
(b) REVIEW.—
(1) APPEALS BY ACCUSED.— A Court of Criminal Appeals shall have jurisdiction over—
(2) REVIEW OF CERTAIN SENTENCES. — A Court of Criminal Appeals shall have jurisdiction over all cases that the Judge Advocate General orders sent to the Court for review under section 856(d) of this title (article 56(d)).
(3) AUTOMATIC REVIEW. — A Court of Criminal Appeals shall have jurisdiction over a court-martial in which the judgment entered into the record under section 860(c) of this title (article 60c) includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more.
(c) TIMELINESS.— An appeal under subsection (b)(1) is timely if—
(1) in the case of an appeal under subparagraph (A) of such subsection, it is filed before the later of—
(A) the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); or
(B) the date set by the Court of Criminal Appeals by rule or order; and
(2) in the case of an appeal under subparagraph (B) of such subsection, an application for review with the Court is filed not later than the earlier of the dates established under section 869(d)(2)(B) of this title (article 69(d)(2)(B)).
(d) DUTIES.—
(1) CASES APPEALED BY ACCUSED.—
(A) IN GENERAL.— In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty as the Court finds correct in law, and in fact in accordance with subparagraph (B).
(B) FACTUAL SUFFICIENCY REVIEW.—
(i) In an appeal of a finding of guilty under subsection (b), the Court may consider whether the finding is correct in fact upon request of the accused if the accused makes a specific showing of a deficiency in proof.
(ii) After an accused has made such a showing, the Court may weigh the evidence and determine controverted questions of fact subject to—
(I) appropriate deference to the fact that the trial court saw and heard the witnesses and other evidence; and
(II) appropriate deference to findings of fact entered into the record by the military judge.
(iii) If, as a result of the review conducted under clause (ii), the Court is clearly convinced that the finding of guilty was against the weight of the evidence, the Court may dismiss, set aside, or modify the finding, or affirm a lesser finding.
(2) ERROR OR EXCESSIVE DELAY.— In any case before the Court of Criminal Appeals under subsection (b), the Court may provide appropriate relief if the accused demonstrates error or excessive delay in the processing of the court-martial after the judgment was entered into the record under section 860c of this title (article 60c).
(e) CONSIDERATION OF SENTENCE.—
(1) IN GENERAL.— In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider—
(A) whether the sentence violates the law;
(B) whether the sentence is inappropriately severe—
(i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or
(ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter;
(C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter;
(D) whether the sentence is plainly unreasonable; and
(2) RECORD ON APPEAL.— In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of—
(A) any portion of the record in the case that is designated as pertinent by any party;
(B) the information submitted during the sentencing proceeding; and
(C) any information required by rule or order of the Court of Criminal Appeals.
(f) LIMITS OF AUTHORITY.—
(1) SET ASIDE OF FINDINGS —
(A) IN GENERAL— If the Court of Criminal Appeals sets aside the findings, the Court—
(B) DISMISSAL WHEN NO REHEARING ORDERED.— If the Court of Criminal Appeals sets aside the findings and does not order a rehearing, the Court shall order that the charges be dismissed.
(C) DISMISSAL WHEN REHEARING IMPRACTICABLE.—
(i) IN GENERAL.— Subject to clause (ii), if the Court of Criminal Appeals orders a rehearing on a charge and the convening authority finds a rehearing impracticable, the convening authority may dismiss the charge.
(ii) CASES REFERRED BY SPECIAL TRIAL COUNSEL.—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
(2) SET ASIDE OF SENTENCE.— If the Court of Criminal Appeals sets aside the sentence, the Court may—
(A) modify the sentence to a lesser sentence; or
(B) order a rehearing.
(3) ADDITIONAL PROCEEDINGS.— If the Court of Criminal Appeals determines that additional proceedings are warranted, the Court may order a hearing as may be necessary to address a substantial issue, subject to such limitations as the Court may direct and under such regulations as the President may prescribe. If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the court of Appeals for the Armed Forces.
(g) ACTION IN ACCORDANCE WITH DECISIONS OF COURTS.— 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 appropriate authority to take action in accordance with the decision of the Court of Criminal Appeals.
(h) RULES OF PROCEDURE.— 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.
(i) PROHIBITION ON EVALUATION OF OTHER MEMBERS OF COURTS.— 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.
(j) INELIGIBILITY OF MEMBERS OF COURTS TO REVIEW RECORDS OF CASES INVOLVING CERTAIN PRIOR MEMBER SERVICE.— 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.
Cross-referencesCited by 33Cites 11Elsewhere 2
Cited by
Provisions elsewhere in the Manual whose text cites Article 66. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 109(c)(5)(B) — Professional supervision of military judges and counsel (66(i))
To avoid the type of conflict prohibited in Article 66(i), the Judge Advocate General’s designee should not ordinarily be a member of the same Court of Criminal…
Discussion under R.C.M. 201(a)(3) — Jurisdiction in general
…normally sits in the country where the offense is committed, and must do so under certain circumstances. See Articles 4, 64, and 66, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949, 6 U.S.T.…
Discussion under R.C.M. 809(a) — Contempt proceedings
…any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under Article 66; any military judge detailed to a court-martial, a provost court, a military commission, or any other…
Discussion under R.C.M. 810(f)(3) — Procedures for rehearings, new trials, other trials, and remands (66(f))
…issue that was to be settled at the remand. Such action may include modifying the findings or sentence. See Article 66(f).
…Court of Criminal Appeals under R.C.M. 908(b)(7), the Court maintains jurisdiction to review the case under Article 66(b) regardless of the sentence imposed.
R.C.M. 1010(c) — Notice concerning post-trial and appellate rights
…for relief from the Judge Advocate General if the case is not reviewed by a Court of Criminal Appeals under Article 66; and
…or confinement for two years or more receive automatic appellate review by a Court of Criminal Appeals. See Article 66(b)(3). All general and special courts-martial not subject to automatic appellate review are eligible for direct…
R.C.M. 1116(b)(1) — Transmittal of records of trial for general and special courts-martial (66(b)(3))
…and attachments required under R.C.M. 1112(f) to the Court of Criminal Appeals for automatic review under Article 66(b)(3).
R.C.M. 1116(b)(2) — Transmittal of records of trial for general and special courts-martial (66(b)(3), 66(b)(1))
…to appeal under Article 61, if a general and special court-martial is not subject to automatic review under Article 66(b)(3) but is eligible for review under Article 66(b)(1), the Judge Advocate General shall provide notice to the…
…and special courts-martial with a finding of guilty not reviewed by a Court of Criminal Appeals under Article 66(b)(1) or (3) shall be reviewed under Article 65(d)(2).
…61, or fails to file a timely appeal in a case eligible for review by the Court of Criminal Appeals under Article 66(b)(1), the case shall be reviewed under Article 65(d)(3).
…special court-martial case that is not eligible for appellate review by a Court of Criminal Appeals under Article 66(b)(1) or (3); and
In a case under Article 66(b)(3), other than one in which the sentence includes death, the accused withdraws direct appeal or waives the…
In a case under Article 66(b)(1), the accused does not file a timely appeal, or files a timely appeal and then withdraws it.
Discussion under R.C.M. 1203(a) — Review by a Court of Criminal Appeals
See Article 66 concerning the composition of the Courts of Criminal Appeals, the qualifications of appellate military…
…dishonorable discharge or bad-conduct discharge; or confinement for 2 years or more. See Article 65(b)(1), Article 66(b)(3), R.C.M. 1116(b)(1). An accused may not waive the right to appellate review or withdraw an appeal before the…
…review a timely appeal from the judgment of the court-martial in accordance with the standards set forth in Article 66(b)(1) and the rules prescribed under Article 66(h).
Discussion under R.C.M. 1203(c) — Review by a Court of Criminal Appeals
…the sentence and does not authorize a rehearing, it must order the charges dismissed. See Article 59(a) and Article 66. A Court of Criminal Appeals may on petition for extraordinary relief issue all writs necessary or…
Timeliness. In order for an appeal under subsection (c) to be timely, it must be filed in accordance with Article 66(c) and the rules prescribed under Article 66(h).
R.C.M. 1306(e) — Post-trial procedure, summary court-martial
…who took the incomplete, ambiguous, or erroneous action may be instructed by an authority acting under Article 64, 66, 67, 67a, or 69 to withdraw the original action and substitute a corrected action.
Uniform Code of Military Justice
Art. 48(a)(2)(A) — Contempt
…Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under section 866 of this title (article 66).
…with the uniform rules of procedure for the Courts of Criminal Appeals under section 866(h) of this title (article 66(h));
Art. 57(c)(1)(B) — Effective date of sentences
a review under section 866 of this title (article 66) is completed by a Court of Criminal Appeals and—
Art. 61(a) — Waiver of right to appeal; withdrawal of appeal
…may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—
Art. 61(d) — Waiver of right to appeal; withdrawal of appeal
…(article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).
IN GENERAL.— If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused—
…shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1))by means of depositing in the United States mails for delivery by first class certified mail to the accused…
…that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
…in a case eligible for direct appeal under subparagraph (A), (B), or (C) of section 866(b)(1) of this title (article 66(b)(1)).
the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and
…or modified by the Court of Criminal Appeals as incorrect in fact under section 866(d)(1)(B) of this title (article 66(d)(1)(B)).
Art. 69(a)(2) — Review by Judge Advocate General
…a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).
Art. 69(e) — Review by Judge Advocate General
ACTION ONLY ON MATTERS OF LAW.— Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court of Criminal Appeals under subsection (d), the Court may take action only…
Article 66 cites
Provisions named in the text of Article 66. Where the cited provision is on this site, the link opens it.