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10 U.S.C. § 867a — Art. 67a. Review by the Supreme Court

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 867a — Art. 67a. Review by the Supreme Court

**(a)** Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in [section 1259 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1259&num=0&edition=prelim). **(b)** The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by [section 1915(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1915/a&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_1a83161a7d3440a06ea38cf9
Source file: Laws/federal/codes/united-states-code/title-10/section-867a-art-67a-review-by-the-supreme-court--fbad9d7317.md
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Passage SHA-256: 4652cc29ef34aac76ae0d0ea3d54e2e63b2e4a624704375704337ca68eaecfce

Source location: Title 10, Chapter 47, § 867a; chapter-047-uniform-code-of-military-justice.md

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**(a)** Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in [section 1259 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1259&num=0&edition=prelim). **(b)** The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by [section 1915(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1915/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1259 — Court of Appeals for the Armed Forces; certiorari

Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases: (1) Cases reviewed by the Court of Appeals for the Armed Forces under [section 867(a)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867/a/1&num=0&edition=prelim). (2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under [section 867(a)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867/a/2&num=0&edition=prelim). (3) Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under [section 867(a)(3) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867/a/3&num=0&edition=prelim). (4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted or refused to grant relief.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1259

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2101 — Supreme Court; time for appeal or certiorari; docketing; stay

**(a)** A direct appeal to the Supreme Court from any decision under [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1253&num=0&edition=prelim), holding unconstitutional in whole or in part, any Act of Congress, shall be taken within thirty days after the entry of the interlocutory or final order, judgment or decree. The record shall be made up and the case docketed within sixty days from the time such appeal is taken under rules prescribed by the Supreme Court. **(b)** Any other direct appeal to the Supreme Court which is authorized by law, from a decision of a district court in any civil action, suit or proceeding, shall be taken within thirty days from the judgment, order or decree, appealed from, if interlocutory, and within sixty days if final. **(c)** Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. A justice of the Supreme Court, for good cause shown, may extend the time for applying for a writ of certiorari for a period not exceeding sixty days. **(d)** The time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case shall be as prescribed by rules of the Supreme Court. **(e)** An application to the Supreme Court for a writ of certiorari to review a case before judgment has been rendered in the court of appeals may be made at any time before judgment. **(f)** In any case in which the final judgment or decree of any court is subject to review by the Supreme Court on writ of certiorari, the execution and enforcement of such judgment or decree may be st

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 867a — Art. 67a. Review by the Supreme Court

Page 795 TITLE 10—ARMED FORCES § 867a every finding of guilty entered into the record under section 860c of this title is for an offense that occurred on or after that date, see section 542(e)(2) of Pub. L. 116–283, set out in a note under section 866 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VII, § 722(d), Sept. 29, 1988, 102 Stat. 2003, provided that: ‘‘Subsection (i) of section 867 of title 10, United States Code, as added by sub- section (a), shall apply with respect to judges of the United States Court of Military Appeals [now United States Court of Appeals for the Armed Forces] whose term of service on such court ends on or after the date of the enactment of this Act [Sept. 29, 1988] and to the survivors of such judges.’’ EFFECTIVE DATE OF 1983 AMENDMENT Amendment by sections 9(a) and 13(d) Pub. L. 98–209 effective Dec. 6, 1983, and amendment by sections 7(d) and 10(c)(2) of Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but amend- ment by section 7(d) of Pub. L. 98–209 not to apply to any case in which the findings and sentence were ad- judged by a court-martial before that date, and the pro- ceedings in any such case to be held in the same man- ner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1981 AM

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 867a

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