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United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNELChapter 47 - UNIFORM CODE OF MILITARY JUSTICE
Subchapter IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Section 867a - Art. 67a. Review by the Supreme Court

10 U.S.C. § 867a

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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. The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review.
(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.

10 U.S.C. § 867a

Added Pub. L. 101-189, div. A, title XIII, §1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103-337, div. A, title IX, §924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114-328, div. E, title LIX, §5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 118-31, div. A, title V, §533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.

Amendment of Subsection (a) Pub. L. 118-31, div. A, title V, §533(a)(2)(A), (b), Dec. 22, 2023, 137 Stat. 261, provided that, effective on the date that is one year after Dec. 22, 2023, and applicable with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after Dec. 22, 2023, with certain provisos, subsection (a) of this section is amended to striking out at end "The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review." See 2023 Amendment note below.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31 struck out at end "The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review."2016-Subsec. (a). Pub. L. 114-328 inserted "United States" before "Court of Appeals" in second sentence.1994-Subsec. (a). Pub. L. 103-337 substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals" in two places.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 118-31, div. A, title V, §533(b), Dec. 22, 2023, 137 Stat. 261, provided that:"(1) IN GENERAL.-The amendments made by subsection (a) [amending this section and sections 1259 and 2101 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 22, 2023] and shall apply with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after such effective date."(2) INAPPLICABILITY TO PENDING DECISIONS.-With respect to a petition submitted to the United States Court of Appeals for the Armed Forces before the effective date specified in paragraph (1) and on which the Court has not taken action as of such date, the provisions of the United States Code amended by subsection (a) shall apply as if such amendments had not been enacted. Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant such a petition is final and conclusive."(3) FINALITY OF DECISIONS BEFORE EFFECTIVE DATE.-Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review before the effective date specified in paragraph (1) is final and conclusive."(4) RULES REQUIRED.-The Supreme Court shall prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by subsection (a)(2)(B) of this section, by not later than the effective date specified in paragraph (1)."

EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.