Summary of changes
Article 70 — Appellate counsel
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
9 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
70(a)
unchanged
Original text
The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
Current text
The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
70(b)
unchanged
Original text
Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.
Current text
Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.
70(c)
unchanged
Original text
Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court—
Current text
Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court—
70(c)(1)
unchanged
Original text
when requested by the accused;
Current text
when requested by the accused;
70(c)(2)
unchanged
Original text
when the United States is represented by counsel; or
Current text
when the United States is represented by counsel; or
70(c)(3)
unchanged
Original text
when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces.
Current text
when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces.
70(d)
unchanged
Original text
The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court by civilian counsel if provided by him.
Current text
The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court by civilian counsel if provided by him.
70(e)
unchanged
Original text
Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs.
Current text
Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs.
70(f)
unchanged
Original text
To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
Current text
To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.