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

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.

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Source location: Title 28, Chapter 81, § 1259; chapter-081-supreme-court.md

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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

**(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

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-

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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;

Page 354 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1258 The last sentence in said section 344(b) relating to the right to relief under both subsections of said section 344, was omitted as unnecessary. Changes were made in phraseology. Editorial Notes AMENDMENTS 1988—Pub. L. 100–352 struck out ‘‘appeal;’’ before ‘‘cer- tiorari’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court as follows: ‘‘(1) By appeal, where is drawn in question the va- lidity of a treaty or statute of the United States and the decision is against its validity. ‘‘(2) By appeal, where is drawn in question the va- lidity of a statute of any state on the ground of its being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of its validity. ‘‘(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a State statute is drawn in question on the ground of its being repug- nant to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity is specially set up or claimed under the Constitution, treaties or statutes of, or commission held or authority exercised under, the United States. ‘‘For the purposes of this section, the term ‘highest court of a State’ includes the District of Columbia Court of Appeals.’’ 1970—Pub. L. 91–358 provided that for the purposes of this section, the term ‘‘highest court of a State’’ in- cludes the District of Columbia Court of Appeals. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 A

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