Courts of Criminal Appeals Rules of Practice and Procedure

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 150

Courts of Criminal Appeals Rules of Practice and Procedure

AGENCY: Defense.

ACTION: Final rule.

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SUMMARY: This rule of practice and procedure is issued pursuant to

Article 66(f), Uniform Code of Military Justice (10 U.S.C. 866(f)

(1994)). It is a uniform rule of practice and procedure for all

military Courts of Criminal Appeals.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Colonel Charles B. Heimburg--(202)

767-1550, 172 Luke Avenue, Bolling Air Force Base, Washington, D.C.

20332.

SUPPLEMENTARY INFORMATION: The anticipated citation of the rules will

be 32 CFR Part 150. The notification of opportunity to review and

comment on these rules was published in the Federal Register on

December 13, 1995 at 60 FR 64031-02. Comments were received and

considered.

These rules are not subject to Executive Order 12866, ``Regulatory

Planning and Review,'' Public Law 96-354, ``Regulatory Flexibility

Act;'' or Public Law 96-511, ``Paperwork Reduction Act.''

List of Subjects in 32 CFR Part 150

Administrative practice and procedure, Courts, Military law.

Accordingly, 32 CFR part 150 is revised to read as follows:

PART 150--COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND

PROCEDURE

Sec.

150.1 Name and seal.

150.2 Jurisdiction.

150.3 Scope of review.

150.4 Quorum.

150.5 Place for filing papers.

150.6 Signing of papers.

150.7 Computation of time.

150.8 Qualification of counsel.

150.9 Conduct of counsel.

150.10 Request for appellate defense counsel.

150.11 Assignment of counsel.

150.12 Retention of civilian counsel.

150.13 Notice of appearance of counsel.

150.14 Waiver or withdrawal of appellate review.

150.15 Assignments of error and briefs.

150.16 Oral arguments.

150.17 En banc proceedings.

150.18 Orders and decisions of the Court.

150.19 Reconsideration.

150.20 Petitions for extraordinary relief, answer, and reply.

150.21 Appeals by the United States.

150.22 Petitions for new trial.

150.23 Motions.

150.24 Continuances and interlocutory matters.

150.25 Suspension of rules.

150.26 Internal rules.

150.27 Recording, photographing, broadcasting, or telecasting of

hearings.

150.28 Amendments.

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Appendix A to Part 150--Format for Direction for Review in a Court of

Criminal Appeals

Appendix B to Part 150--Format for Assignment of Errors and Brief on

Behalf of Accused (Sec. 150.15)

Authority: Article 66(f), Uniform Code of Military Justice (10

U.S.C. Sec. 866(f) (1994)).

Sec. 150.1 Name and seal.

(a) The titles of the Courts of Criminal Appeals of the respective

services are:

(1) ``United States Army Court of Criminal Appeals.''

(2) ``United States Navy-Marine Corps Court of Criminal Appeals.''

(3) ``United States Air Force Court of Criminal Appeals.''

(4) ``United States Coast Guard Court of Criminal Appeals.''

(b) Each Court is authorized a seal in the discretion of the Judge

Advocate General concerned. The design of such seal shall include the

title of the Court.

Sec. 150.2 Jurisdiction.

(a) The jurisdiction of the Court is as follows:

(1) Review under Article 66. All cases of trial by court-martial in

which the sentence as approved extends to:

(i) Death; or

(ii) Dismissal of a commissioned officer, cadet or midshipman,

dishonorable or bad-conduct discharge, or confinement for 1 year or

longer; and in which the accused has not waived or withdrawn appellate

review.

(2) Review upon direction of the Judge Advocate General under

Article 69. All cases of trial by court-martial in which there has been

a finding of guilty and a sentence:

(i) For which Article 66 does not otherwise provide appellate

review, and

(ii) Which the Judge Advocate General forwards to the Court for

review pursuant to Article 69(d), and

(iii) In which the accused has not waived or withdrawn appellate

review.

(3) Review under Article 62. All cases of trial by court-martial in

which a punitive discharge may be adjudged and a military judge

presides, and in which the government appeals an order or ruling of the

military judge that terminates the proceedings with respect to a charge

or specification or excludes evidence that is substantial proof of a

fact material to the proceedings, or directs the disclosure of

classified information, imposes sanctions for nondisclosure of

classified information, or refuses to issue or enforce a protective

order sought by the United States to prevent the disclosure of

classified information.

(4) Review under Article 73. All petitions for a new trial in cases

of trial by court-martial which are referred to the Court by the Judge

Advocate General.

(b) Extraordinary writs. The Court may, in its discretion,

entertain petitions for extraordinary relief including, but not limited

to, writs of mandamus, writs of prohibition, writs of habeas corpus,

and writs of error coram nobis.

(c) Effect of rules on jurisdiction. Nothing in this part shall be

construed to extend or limit the jurisdiction of the Courts of Criminal

Appeals as established by law.

Sec. 150.3 Scope of review.

In cases referred to it for review pursuant to Article 66, the

Court may act only with respect to the findings and sentence as

approved by the convening authority. In reviewing a case or action

under Article 69(d) or in determining an appeal under Article 62, the

Court may act only with respect to matters of law. The Court may, in

addition, review such other matters and take such other action as it

determines to be proper under substantive law.e

Sec. 150.4 Quorum.

(a) In panel. When sitting in panel, a majority of the judges

assigned to that panel constitutes a quorum for the purpose of hearing

or determining any matter referred to the panel. The determination of

any matter referred to the panel shall be according to the opinion of a

majority of the judges participating in the decision. However, any

judge present for duty may issue all necessary orders concerning any

proceedings pending on panel and any judge present for duty, or a clerk

of court or commissioner to whom the Court has delegated authority, may

act on uncontested motions, provided such action does not finally

dispose of a petition, appeal, or case before the Court.

(b) En banc. When sitting as a whole, a majority of the judges of

the Court constitutes a quorum for the purpose of hearing and

determining any matter before the Court. The determination of any

matter before the Court shall be according to the opinion of a majority

of the judge participating in the decision. In the absence of a quorum,

any judge present for duty may issue all necessary orders concerning

any proceedings pending in the Court preparatory to hearing or decision

thereof.

Sec. 150.5 Place for filing papers.

When the filing of a notice of appearance, brief, or other paper in

the office of a Judge Advocate General is required by this part, such

papers shall be filed in the office of the Judge Advocate General of

the appropriate armed force or in such other place as the Judge

Advocate General or rule promulgated pursuant to Sec. 150.26 may

designate. If transmitted by mail or other means, they are not filed

until received in such office.

Sec. 150.6 Signing of papers.

All formal papers shall be signed and shall show, typewritten or

printed, the signer's name, address, military grade (if any), and the

capacity in which the paper is signed. Such signature constitutes a

certification that the statements made therein are true and correct to

the best of the knowledge, information, and belief of the persons

signing the paper and that the paper is filed in good faith and not for

purposes of unnecessary delay.

Sec. 150.7 Computation of time.

In computing any period of time prescribed or allowed by this part,

by order of the Court, or by any applicable statute, the day of the

act, event or default after which the designated period of time begins

to run is not to be included. The last day of the period so computed is

to be included, unless it is a Saturday, Sunday, or legal holiday, or,

when the act to be done is the filing of a paper in court, a day on

which the office of the Clerk of the Court is closed due to weather or

other conditions or by order of the Chief Judge, in which event the

period runs until the end of the next day which is neither a Saturday,

Sunday, nor a holiday.

Sec. 150.8 Qualification of counsel.

(a) All counsel. Counsel in any case before the Court shall be a

member in good standing of the bar of a Federal Court, the highest

court of a State or another recognized bar.

(b) Military counsel. Assigned appellate defense and appellate

government counsel shall, in addition, be qualified in accordance with

Articles 27(b)(1) and 70(a), Uniform Code of Military Justice.

(c) Admission. Each Court may license counsel to appear before it.

Otherwise, upon entering an appearance, counsel shall be deemed

admitted pro hac vice, subject to filing a certificate setting forth

required qualifications if directed by the Court.

(d) Suspension. No counsel may appear in any proceeding before the

Court while suspended from practice by the Judge Advocate General of

the service concerned.

Sec. 150.9 Conduct of counsel.

The conduct of counsel appearing before the Court shall be in

accordance

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with rules of conduct prescribed pursuant to Rule for Courts-Martial

109 by the Judge Advocate General of the service concerned. However,

the Court may exercise its inherent power to regulate counsel appearing

before it, including the power to remove counsel from a particular case

for misconduct in relation to that case. Conduct deemed by the Court to

warrant consideration of suspension from practice or other professional

discipline shall be reported by the Court to the Judge Advocate General

concerned.

Sec. 150.10 Request for appellate defense counsel.

An accused may be represented before the Court by appellate counsel

detailed pursuant to Article 70(a) or by civilian counsel provided by

the accused, or both. An accused who does not waive appellate review

pursuant to Rule for Courts-Martial 1110 shall, within 10 days after

service of a copy of the convening authority's action under Rule for

Courts-Martial 1107(h), forward to the convening authority or the Judge

Advocate General:

(a) A request for representation by military appellate defense

counsel, or

(b) Notice that civilian counsel has been retained or that action

has been taken to retain civilian counsel (must include name and

address of civilian counsel), or

(c) Both a request for representation by military appellate defense

counsel under paragraph (a) for this section and notice regarding

civilian counsel under paragraph (b) of this section, or

(d) A waiver of representation by counsel.

Sec. 150.11 Assignment of counsel.

(a) When a record of trial is referred to the court--

(1) If the accused has requested representation by appellate

defense counsel, pursuant to Article 70(c)(1), counsel detailed

pursuant to Article 70(a) will be assigned to represented the accused;

or

(2) If the accused gives notice that he or she has retained or has

taken action to retain civilian counsel, appellate defense counsel

shall be assigned to represent the interests of the accused pending

appearance of civilian counsel. Assigned defense counsel will continue

to assist after appearance by civilian counsel unless excused by the

accused; or

(3) If the accused has neither requested appellate counsel nor

given notice of action to retain civilian counsel, but has not waived

representation by counsel, appellate defense counsel will be assigned

to represent the accused, subject to excusal by the accused or by

direction of the Court.

(b) In any case--

(1) The Court may request counsel when counsel have not been

assigned.

(2) Pursuant to Article 70(c)(2), and subject to paragraph (a)(2)

of this section, appellate defense counsel will represent the accused

when the United States is represented by counsel before the Court.

Sec. 150.12 Retention of civilian counsel.

When civilian counsel represents an accused before the Court, the

Court will notify counsel when the record of trial is received. If both

civilian and assigned appellate defense counsel represent the accused,

the Court will regard civilian counsel as primary counsel unless

notified otherwise. Ordinarily, civilian counsel will use the accused's

copy of the record. Civilian counsel may reproduce, at no expense to

the government, appellate defense counsel's copy of the record.

Sec. 150.13 Notice of appearance of counsel.

Military and civilian appellate counsel shall file a written notice

of appearance with the Court. The filing of any pleading relative to a

case which contains the signature of counsel constitutes notice of

appearance of such counsel.

Sec. 150.14 Waiver or withdrawal of appellate review.

Withdrawals from appellate review, and waivers of appellate review

filed after expiration of the period prescribed by the Rule for Courts-

Martial 1110(f)(1), will be referred to the Court for consideration. At

its discretion, the Court may require the filing of a motion for

withdrawal, issue a show cause order, or grant the withdrawal without

further action, as may be appropriate. The Court will return the record

of trial, in a case withdrawn from appellate review, to the Judge

Advocate General for action pursuant to Rule for Courts-Martial 1112.

Sec. 150.15 Assignments of error and briefs.

(a) General provisions. Appellate counsel for the accused may file

an assignment of error if any are to be alleged, setting forth

separately each error asserted. The assignment of errors should be

included in a brief for the accused in the format set forth in Appendix

B to this part. An original of all assignments of error and briefs, and

as many additional copies as shall be prescribed by the Court, shall be

submitted. Briefs and assignments of errors shall be typed or printed,

double-spaced on white paper, and securely fastened at the top. All

references to matters contained in the record shall show record page

numbers and any exhibit designations. A brief on behalf of the

government shall be of like character as that prescribed for the

accused.

(b) Time for filing and number of briefs. Any brief for an accused

shall be filed within 60 days after appellate counsel has been notified

of the receipt of the record in the Office of the Judge Advocate

General. If the Judge Advocate General has directed appellate

government counsel to represent the United States, such counsel shall

file an answer on behalf of the government within 30 days after any

brief and assignment of errors has been filed on behalf of an accused.

Appellate counsel for an accused may file a reply brief no later than 7

days after the filing of a response brief on behalf of the government.

If no brief is filed on behalf of an accused, a brief on behalf of the

government may be filed within 30 days after expiration of the time

allowed for the filing of a brief on behalf of the accused.

(c) Appendix. The brief of either party may include an appendix. If

an unpublished opinion is cited in the brief, a copy shall be attached

in an appendix. The appendix may also include extracts of statutes,

rules, or regulations. A motion must be filed under Sec. 150.23, infra,

to attach any other matter.

Sec. 150.16 Oral arguments.

Oral arguments may be heard in the discretion of the Court upon

motion by either party or when otherwise ordered by the Court. The

motion of a party for oral argument shall be made no later than 7 days

after the filing of an answer to an appellant's brief. Such motion

shall identify the issue(s) upon which counsel seek argument. The Court

may, on its own motion, identify the issue(s) upon which it wishes

argument.

Sec. 150.17 En banc proceedings.

(a)(1) A party may suggest the appropriateness of consideration or

reconsideration by the Court as a whole. Such consideration or

reconsideration ordinarily will not be ordered except:

(i) When consideration by the full Court is necessary to secure or

maintain uniformity of decision, or

(ii) When the proceedings involve a question of exceptional

importance, or

(iii) When a sentence being reviewed pursuant to Article 66 extends

to death.

(2) In cases being reviewed pursuant to Article 66, a party's

suggestion that a matter be considered initially by the Court as a

whole must be filed with the

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Court within 7 days after the government files its answer to the

assignment of errors, or the appellant files a reply under

Sec. 150.15(b). In other proceedings, the suggestion must be filed with

the party's initial petition or other initial pleading, or within 7

days after the response thereto is filed. A suggestion for

reconsideration by the Court as a whole must be made within the time

prescribed by Sec. 150.19 for filing a motion for reconsideration. No

response to a suggestion for consideration or reconsideration by the

Court as a whole may be filed unless the Court shall so order.

(b) The suggestion of a party for consideration or reconsideration

by the Court as a whole shall be transmitted to each judge of the Court

who is present for duty, but a vote need not be taken to determine

whether the cause shall be considered or reconsidered by the Court as a

whole on such a suggestion made by a party unless a judge requests a

vote.

(c) A majority of the judges present for duty may order that any

appeal or other proceeding be considered or reconsidered by the Court

sitting as a whole. However, en banc reconsideration of an en banc

decision will not be held unless at least one member of the original

majority concurs in a vote for reconsideration.

(d) This rule does not affect the power of the Court sua sponte to

consider or reconsider any case sitting as a whole.

Sec. 150.18 Orders and decisions of the Court.

The Court shall give notice of its orders and decisions by

immediately serving them, when rendered, on appellate defense counsel,

including civilian counsel, if any, government counsel and the Judge

Advocate General, or designee, as appropriate.

Sec. 150.19 Reconsideration.

(a) The Court may, in its discretion and on its own motion, enter

an order announcing its intent to reconsider its decision or order in

any case not later than 30 days after service of such decision or order

on appellate defense counsel or on the appellant, if the appellant is

not represented by counsel, provided a petition for grant of review or

certificate for review has not been filed with the United States Court

of Appeals for the Armed Forces, or a record of trial for review under

Article 67(b) has not been received by that Court. No briefs or

arguments shall be received unless the order so directs.

(b) Provided a petition for grant of review or certificate for

review has not been filed with the United States Court of Appeals for

the Armed Forces, or a record of trial for review under Article 67(b)

or writ appeal has not been received by the United States Court of

Appeals for the Armed Forces, the Court may, in its discretion,

reconsider its decision or order in any case upon motion filed either:

(1) By appellate defense counsel within 30 days after receipt by

counsel, or by the appellant if the appellant is not represented by

counsel, of a decision or order, or

(2) By appellate government counsel within 30 days after the

decision or order is received by counsel.

(c) A motion for reconsideration shall briefly and directly state

the grounds for reconsideration, including a statement of facts showing

jurisdiction in the Court. A reply to the motion for reconsideration

will be received by the Court only if filed within 7 days of receipt of

a copy of the motion. Oral arguments shall not be heard on a motion for

reconsideration unless ordered by the Court. The original of the motion

filed with the Court shall indicate the date of receipt of a copy of

the same by opposing counsel.

(d) The time limitations prescribed by this part shall not be

extended under the authority of Secs. 150.24 or 150.25 beyond the

expiration of the time for filing a petition for review or writ appeal

with the United States Court of Appeals for the Armed Forces, except

that the time for filing briefs by either party may be extended for

good cause.

Sec. 150.20 Petitions for extraordinary relief, answer, and reply.

(a) Petition for extraordinary relief. A petition for extraordinary

relief in the number of copies required by the Court shall be

accompanied by proof of service on each party respondent and will

contain:

(1) A previous history of the case including whether prior actions

have been filed or are pending for the same relief in this or any other

court and the disposition or status of such actions;

(2) A concise and objective statement of all facts relevant to the

issue presented and of any pertinent opinion, order or ruling;

(3) A copy of any pertinent parts of the record and all exhibits

related to the petition if reasonably available and transmittable at or

near the time the petition is filed;

(4) A statement of the issue;

(5) The specific relief sought;

(6) Reasons for granting the writ;

(7) The jurisdictional basis for relief sought and the reasons why

the relief sought cannot be obtained during the ordinary course of

appellate review;

(8) If desired, a request for appointment of appellate counsel.

(b) Format. The title of the petition shall include the name,

military grade and service number of each named party and, where

appropriate, the official military or civilian title of any named party

acting in an official capacity as an officer or agent of the United

States. When an accused has not been named as a party, the accused

shall be identified by name, military grade and service number by the

petitioner and shall be designated as the real party in interest.

(c) Electronic petitions. The Court will docket petitions for

extraordinary relief submitted by electronic means. A petition

submitted by electronic means will conclude with the full name and

address of petitioner's counsel, if any, and will state when the

written petition and brief, when required, were forwarded to the Court

and to all named respondents, and by what means they were forwarded.

(d) Notice to the Judge Advocate General. Immediately upon receipt

of any petition, the clerk shall forward a copy of the petition to the

appropriate Judge Advocate General or designee.

(e) Briefs. Each petition for extraordinary relief must be

accompanied by a brief in support of the petition unless it is filed in

propria persona. The Court may issue a show cause order in which event

the respondent shall file an answer within 10 days of the receipt of

the show cause order. The petitioner may file a reply to the answer

within 7 days of receipt of the answer.

(f) Initial action by the Court. The Court may dismiss or deny the

petition, order the respondent to show cause and file an answer within

the time specified, or take whatever other action it deems appropriate.

(g) Oral argument and final action. The Court may set the matter

for oral argument. However, on the basis of the pleading alone, the

Court may grant or deny the relief sought or make such other order in

the case as the circumstances may require. This includes referring the

matter to a special master, who need not be a military judge, to

further investigate; to take evidence; and to make such recommendations

as the Court deems appropriate.

Sec. 150.21 Appeals by the United States.

(a) Restricted filing. Only a representative of the government

designated by the Judge Advocate General of the respective service may

file an appeal by the United States under Article 62.

(b) Counsel. Counsel must be qualified and appointed, and give

notice

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of appearance in accordance with this part and those of the Judge

Advocate General concerned.

(c) Form of appeal. The appeal must include those documents

specified by Rule for Courts-Martial 908 and by applicable regulations

of the Secretary concerned. A certificate of the Notice of Appeal

described in Rule for Courts-Martial 908(b)(3) must be included. The

certificate of service must reflect the date and time of the military

judge's ruling or order from which the appeal is taken, and the time

and date of service upon the military judge.

(d) Time for filing. All procedural Rules of the Court shall apply

except as noted in this paragraph:

(1) The representative of the government designated by the Judge

Advocate General shall decide whether to file the appeal with the

Court. The trial counsel shall have 20 days from the date written

notice to appeal is filed with the trial court to forward the appeal,

including an original and two copies of the record of trial, to the

representative of the government designated by the Judge Advocate

General. The person designated by the Judge Advocate General shall

promptly file the original record with the Clerk of the Court and

forward one copy to opposing counsel. Appellate government counsel

shall have 20 days (or more upon a showing of good cause made by motion

for enlargement within the 20 days) from the date the record is filed

with the Court to file the appeal with supporting brief with the Court.

Should the government decide to withdraw the appeal after the record is

received by the Court, appellate government counsel shall notify the

Court in writing. Appellate brief(s) shall be prepared in the manner

prescribed by Sec. 150.15.

(2) Appellee shall prepare an answer in the manner prescribed by

Sec. 150.15 and shall file such answer within 20 days after any filing

of the government brief.

(e) The government shall diligently prosecute all appeals by the

United States and the Court will give such appeals priority over all

other proceedings where practicable.

Sec. 150.22 Petitions for new trial.

(a) Whether submitted to the Judge Advocate General by the accused

in propria persona or by counsel for the accused, a petition for new

trial submitted while the accused's case is undergoing review by a

Court of Criminal Appeals shall be filed with an original and two

copies and shall comply with the requirements of Rule for Courts-

Martial 1210(c).

(b) Upon receipt of a petition for new trial submitted by other

than appellate defense counsel, the Court will notify all counsel of

record of such fact.

(c) A brief in support of a petition for new trial, unless

expressly incorporated in or filed with the petition, will be filed

substantially in the format specified by Sec. 150.15 no later than 30

days after the filing of the petition or receipt of the notice required

by paragraph (b) of this section, whichever is later. An appellate's

answer shall be filed no later than 30 days after the filing of an

appellant's brief. A reply may be filed no later than 10 days after the

filing of the appellee's answer.

Sec. 150.23 Motions.

(a) Content. All motions, unless made during the course of a

hearing, shall state with particularity the relief sought and the

grounds therefor. Motions, pleading, and other papers desired to be

filed with the Court may be combined in the same document, with the

heading indicating, for example ``MOTION TO FILE (SUPPLEMENTAL

ASSIGNMENT OF ERRORS) (CERTIFICATE OF CORRECTION) (SUPPLEMENTAL

PLEADING)''; or ``ASSIGNMENT OF ERRORS AND MOTION TO FILE ATTACHED

REPORT OF MEDICAL BOARD''.

(b) Motions to attach documents. If a party desires to attach a

statement of a person to the record for consideration by the Court on

any matter, such statement shall be made either as an affidavit or as

an unsworn declaration under penalty of perjury pursuant to 28 U.S.C.

1746. All documents containing language other than English shall have,

attached, a certified English translation.

(c) Opposition. Any opposition to a motion shall be filed within 7

days after receipt by the opposing party of service of the motion.

(d) Leave to file. Any pleading not authorized or required by this

part, shall be accompanied by a motion for leave to file such pleading.

(e) Oral argument. Oral argument shall not normally be permitted on

motions.

Sec. 150.24 Continuances and interlocutory matters.

Except as otherwise provided in Sec. 150.19(d), the Court, in its

discretion, may extend any time limits prescribed and may dispose of

any interlocutory or other appropriate matter not specifically covered

by this part, in such manner as may appear to be required for a full,

fair, and expeditious consideration of the case. See Sec. 150.4.

Sec. 150.25 Suspension of rules.

For good cause shown, the Court acting as a whole or in panel may

suspend the requirements or provisions of any of this part in a

particular case on petition of a party or on its own motion and may

order proceedings in accordance with its direction.

Sec. 150.26 Internal rules.

The Chief Judge of the Court has the authority to prescribe

internal rules for the Court.

Sec. 150.27 Recording, photographing, broadcasting, or telecasting of

hearings.

The recording, photographing, broadcasting, or televising of any

session of the Court or other activity relating thereto is prohibited

unless specifically authorized by the Court.

Sec. 150.28 Amendments.

Proposed amendments to this part may be submitted to the Chief

Judge of any Court named in Sec. 150.1 or to a Judge Advocate General.

Before acting on any proposed amendments not received from the Chief

Judges, the Judge Advocates General shall refer them to the Chief

Judges of the Courts for comment. The Chief Judges shall confer on any

proposed changes, and shall report to the Judge Advocates General as to

the suitability of proposed changes and their impact on the operation

of the Courts and on appellate justice.

Appendix A to Part 150--Format for Direction for Review in a Court of

Criminal Appeals

In the United States ____________\1\ Court of Criminal Appeals

United States v. ------------------------------------------------------

(Full typed name, rank, service, & service number of accused)

\1\ Use ``Army,'' ``Navy-Marine Corps,'' ``Air Force,'' or

``Coast Guard,'' as applicable.

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Direction for Review Case No. ________

Tried at (location), on (date(s)) before a (type in court-martial)

appointed by (convening authority)

To the Honorable, the Judges of the United States ____________ Court of

Criminal Appeals

1. Pursuant to Article 69 of the Uniform Code of Military

Justice, 10 U.S.C. Sec. 869 (1994) and the Rules of Practice and

Procedure for Courts of Criminal Appeals, Rule 2(b), the record of

trial in the above-entitled case is forwarded for review.

2. The accused was found guilty by a (type of court-martial) of

a violation of Article(s) ________ of the Uniform Code of Military

Justice, and was sentenced to (include entire adjudged sentence) on

(insert trial date). The convening authority (approved the sentence

as adjudged) (approved the following findings and sentence:

____________). The officer exercising general court-martial

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jurisdiction (where applicable) took the following action:

____________. The case was received for review pursuant to Article

69 on (date).

3. In review, pursuant to Uniform Code of Military Justice,

Article 66, it is requested that action be taken with respect to the

following issues:

[set out issues here]

----------------------------------------------------------------------

The Judge Advocate General

Received a copy of the foregoing Direction for Review this

____________ (date).

----------------------------------------------------------------------

Appellate Government Counsel

----------------------------------------------------------------------

Address and telephone number

----------------------------------------------------------------------

Appellate Defense Counsel

----------------------------------------------------------------------

Address and telephone number

Appendix B to Part 150--Format for Assignment of Errors and Brief on

Behalf of Accused (Sec. 150.15)

In the United States ____________\2\ Court of Criminal Appeals

United States v.-------------------------------------------------------

(Full typed name, rank, service, & service number of accused),

Appellant

\2\ Use ``Army,'' ``Navy-Marine Corps,'' ``Air Force,'' or

``Coast Guard,'' as applicable.

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Assignment of Errors and Brief on Behalf of Accused Case No.

________

Tried at (location), on (date(s)) before a (type of court-martial)

appointed by (convening authority)

To the Honorable, the Judges of the United States ____________ Court of

Criminal Appeals

Statement of the Case

[Set forth a concise summary of the chronology of the case,

including the general nature of the charges, the pleas of the

accused, the findings and sentence at trial, the action by the

convening authority, and any other pertinent information regarding

the proceedings.]

Statement of Facts

[Set forth those facts necessary to a disposition of the

assigned errors, including specific page references and exhibit

numbers. Answers may adopt appellant's or petitioner's statement of

facts if there is no dispute, may state additional facts, or, if

there is a dispute, may restate the facts as they appear from

appellee's or respondent's viewpoint. The repetition of

uncontroverted matters is not desired.]

Errors and Argument

[Set forth each error alleged in upper case letters, followed by

separate arguments for each error. Arguments shall discuss briefly

the question presented, citing and quoting such authorities as are

deemed pertinent. Each argument shall include a statement of the

applicable standard of review, and shall be followed by a specific

prayer for the relief requested.]

Appendix

[The brief of either party may include an appendix containing

copies of unpublished opinions cited in the brief, and extracts of

statutes, rules or regulations pertinent to the assigned errors.]

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(Signature of counsel)

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Name (and rank) of counsel, address and telephone number

Certificate of Filing and Service

I certify that a copy of the foregoing was mailed or delivered

to the Court and opposing counsel on (date).

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Name (rank) (and signature)

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Address and telephone number

____________________ (Date)

Dated: January 9, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 97-890 Filed 1-14-97; 8:45 am]

BILLING CODE 5000-04-M