Page 356 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10059

Criminal Appeals, the Court of Criminal Appeals may affirm part or all of the findings or
sentence unless it is established, by a preponderance of the evidence-including matters outside
the record of trial-that the accused does not have the requisite mental capacity. If the accused
does not have the requisite mental capacity, the Comi of Criminal Appeals shall stay the
proceedings until the accused regains appropriate capacity, or take other appropriate action.
Nothing in this subsection shall prohibit the Court of Criminal Appeals from making a
determination in favor of the accused which will result in the setting aside of a conviction.
(f) Notification to accused
(1) Not(fication Q[ decision. The accused shall be notified of the decision of the Court of
Criminal Appeals in accordance with regulations of the Secretary concerned.
(2) Not~fication Q[right to petition the Court Q[ Appealsfor the Armed Forcesfor review. If
the accused has the right to petition the Court of Appeals for the Armed Forces for review, the
accused shall be provided with a copy ofthe decision of the Court of Criminal Appeals bearing
an endorsement notifying the accused of this right. The endorsement shall infonn the accused
that such a petition:
(A) May be filed only within 60 days from the time the accused was in fact notified of the
decision of the Court of Criminal Appeals or the mailed copy of the decision was postmarked,
whichever is earlier; and
(B) May be forwarded through the officer immediately exercising general court-martial
jurisdiction over the accused and through the appropriate Judge Advocate General or filed
directly with the Court of Appeals for the Armed Forces.
(3) Receipt by the accused di.sposition. When the accused has the right to petition the Comi
of Appeals for the Armed Forces for review, the receipt of the accused for the copy of the
decision of the Court of Criminal Appeals, a certificate of service on the accused, or the postal
receipt for delivery of certified mail shall be transmitted in duplicate by expeditious means to the
appropriate Judge Advocate General. If the accused is personally served, the receipt or certificate
of service shall show the date of service. The Judge Advocate General shall forward one copy of
the receipt, certificate, or postal receipt to the clerk of the Court of Appeals for the Armed Forces
when required by the court.
(g) Cases not reviewed by the Court of Appeals for the Armed Forces. If the decision ofthe
Court of Criminal Appeals is not subject to review by the Court of Appeals for the Armed
Forces, or if the Judge Advocate General has not forwarded the case to the Court of Appeals for
the Armed Forces and the accused has not filed or the Court of Appeals for the Armed Forces
has denied a petition for review, then either:
( 1) The Judge Advocate General shall, if the sentence affirmed by the Court of Criminal
Appeals includes a dismissal, transmit the record, the decision of the Court of Criminal Appeals,
and the Judge Advocate General's recommendation to the Secretary concerned for action under
R.C.M. 1206; or
(2) If the sentence affirmed by the Court of Criminal Appeals does not include a dismissal,
the unexecuted portion ofthe sentence affirmed by the Court of Criminal Appeals shall be
executed in accordance with R.C.M. 1102.

Rule 1204. Review by the Court of Appeals for the Armed Forces
(a) Cases reviewed by the Court ojAppealsfor the Armed Forces. Under such rules as it may
prescribe, the Court of Appeals for the Armed Forces shall review the rec.ord in all cases:
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(1) in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death;

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