Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 76. Finality of proceedings, findings, and sentences
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (2)The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. 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 as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74) and the authority of the President.
Cross-referencesCited by 2Cites 2
Cited by
Provisions elsewhere in the Manual whose text cites Article 76. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 905(g) — Motions generally
…finding of 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…
Discussion under R.C.M. 1201(h)(4)(B) — Review by the Judge Advocate General
…case by a Judge 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…
Article 76 cites
Provisions named in the text of Article 76. Where the cited provision is on this site, the link opens it.