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10 U.S.C. § 862 — Art. 62. Appeal by the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In a trial by general or special court-martial, or in a pretrial proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 30a), the United States may appeal the following:
(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
(C) An order or ruling which directs the disclosure of classified information.
(D) An order or ruling which imposes sanctions for nondisclosure of classified information.
(E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
(G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
(2)
(A) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
(B) An appeal of an order or ruling may not be taken when prohibited by [section 844 of this title](https://uscode.house.gov/view.xhtml?r
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Stable record: federal_law:legal_authorities:record_usc_87e45cee86ff15bc6e00bf96
Source file: Laws/federal/codes/united-states-code/title-10/section-862-art-62-appeal-by-the-united-states--253ad996e1.md
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Source location: Title 10, Chapter 47, § 862; chapter-047-uniform-code-of-military-justice.md
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**(a)**
(1) In a trial by general or special court-martial, or in a pretrial proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 30a), the United States may appeal the following:
(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
(C) An order or ruling which directs the disclosure of classified information.
(D) An order or ruling which imposes sanctions for nondisclosure of classified information.
(E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
(G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
(2)
(A) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.
(B) An appeal of an order or ruling may not be taken when prohibited by [section 844 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section844&num=0&edition=prelim) (article 44).
(3) An appeal under this section shall be diligently prosecuted by appellate Government counsel.
**(b)** An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.
**(c)** Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
**(d)** The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
**(e)** The provisions of this section shall be liberally construed to effect its purposes.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a)** No person may, without his consent, be tried a second time for the same offense.
**(b)** No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
**(c)**
(1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
(A) after introduction of evidence; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
(A) after the members, having taken an oath as members under [section 842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim) (article 42) and after completion of challenges under [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim) (article 41), are impaneled; and
(B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53);
the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic communications.
(C) Pre-referral matters referred by an appellate court.
(D) Pre-referral matters under subsection (c) or (e) of [section 806b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806b&num=0&edition=prelim) (article 6b).
(E) Pre-referral matters relating to the following:
(i) Pre-trial confinement of an accused.
(ii) The mental capacity or mental responsibility of an accused.
(iii) A request for an individual military counsel.
(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
(A) set forth the matters that a military judge may rule upon in such proceedings;
(B) include procedures for the review of such rulings;
(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
**(b) Detail of Military Judge.—** The Secretary concerned shall prescribe regulations providing for the manner in which military j
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Federal law — U.S. Code and appendices · legal_authorities
**(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 befor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 866
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 646, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to errors of law and to lesser included offense. See [section 859 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section859&num=0&edition=prelim), Armed Forces.
Section 647, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on record. See [section 860 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim).
Section 648, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on general court-martial records. See [section 861 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim).
Section 649, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for reconsideration and revision. See [section 862 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section862&num=0&edition=prelim).
Section 650, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to rehearings. See [section 863 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section863&num=0&edition=prelim).
Section 651, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, related to approval by convening authority. See [section 864 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim).
Section 652, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for disposition of records after review by convening authority. See [section 865 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim).
Section 653, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for review by
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 646 to 663
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Federal law — U.S. Code and appendices · legal_authorities
Page 783
TITLE 10—ARMED FORCES
§ 862
(A) The Statement of Trial Results under
section 860 of this title (article 60).
(B) Any modifications of, or supplements to,
the Statement of Trial Results by reason of—
(i) any post-trial action by the convening
authority; or
(ii) any ruling, order, or other determina-
tion of the military judge that affects a plea,
a finding, or the sentence.
(2) Under rules prescribed by the President,
the judgment under paragraph (1) shall be—
(A) provided to the accused and to any vic-
tim of the offense; and
(B) made available to the public.
(b) SUMMARY COURT-MARTIAL JUDGMENT.—The
findings and sentence of a summary court-mar-
tial, as modified by any post-trial action by the
convening authority under section 860b of this
title (article 60b), constitutes the judgment of
the court-martial and shall be recorded and dis-
tributed under rules prescribed by the President.
(Added Pub. L. 114–328, div. E, title LIX, § 5324,
Dec. 23, 2016, 130 Stat. 2927.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on Jan. 1, 2019, as designated by the
President, with implementing regulations and provi-
sions relating to applicability to various situations, see
section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out
as notes under section 801 of this title.
§ 861. Art. 61. Waiver of right to appeal; with-
drawal of appeal
(a) WAIVER OF RIGHT TO APPEAL.—After entry
of judgment in a general or special court-mar-
tial, under procedures prescribed by the Sec-
retary concerned, the accused may waive the
right to appellate review in each case subject to
such review under section 866 of this title (arti-
cle 66). Such a waiver shall be—
(1) signed by the accused and by defense
counsel; and
(2) attached to the record
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 862
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