Navy-Marine Corps Court of Criminal Appeals (NMCCA) (Code 51)
Pursuant to the statutory authorities listed below, the NMCCA reviews courts-martial in which the sentence includes a punitive discharge, confinement of one year or more, or death; interlocutory appeals by the government; sub-jurisdictional cases sent to the Court by the Judge Advocate of the Navy; petitions for new trials; and extraordinary writs filed under the All Writs Act.
- Article 66(b), Uniform Code of Military Justice More
The Judge Advocate General shall refer to a Court of Criminal Appeals the record in each case of trial by court-martial—
- (1) in which the sentence, as approved, extends to death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable or bad-conduct discharge, or confinement for one year or more; and
- (2) except in the case of a sentence extending to death, the right to appellate review has not been waived or an appeal has not been withdrawn under section 861 of this title.
- Article 66(c), Uniform Code of Military Justice More
In each case referred to it, the Court of Criminal Appeals may act only with respect to the findings and the sentence as approved by the convening authority. It may affirm only such findings of guilty and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
- Article 62, Uniform Code of Military Justice More
(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal (other than an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification):
- (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge of 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 under subparagraph (E) that has previously been issued by appropriate authority.
(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, notwithstanding section 866(c) of this title (article 66(c)).
- Article 73, Uniform Code of Military Justice
- Article 69, Uniform Code of Military Justice More
(d) A Court of Criminal Appeals may review, under section 866 of this article (article 66)—
- (1) any court-martial case which (A) is subject to action by the Judge Advocate General under this section, and (B) is sent to the Court of Criminal Appeals by order of the Judge Advocate General; and
- (2) any action taken by the Judge Advocate General under this section in such case.
(e) Notwithstanding section 866 of this article (article 66), in any case reviewed by a Court of Criminal Appeals under this section, the Court may take action only with respect to matters of law.
- 28 U.S.C. Section 1651 [a] More
The Supreme Court and all courts established by act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Rules of Court
- Navy-Marine Corps Court of Criminal Appeals Rules of Practice and Procedure (2011)
- Navy-Marine Corps Court of Criminal Appeals Rules of Practice and Procedure CH-1 and 2 (2012)
- Index to Navy-Marine Corps Court of Criminal Appeals Rules of Practice and Procedure (2011)
- Appendix to Navy-Marine Corps Court of Criminal Appeals Rules (2011)
- Court of Appeals for the Armed Forces Rules of Practice and Procedure
Clerk of Court
- Official correspondence, such as requests for applications for admission to the Bar of the Court, should be directed to the Clerk of Court at the following address:
- U.S. Navy-Marine Corps Court of Criminal Appeals
- United States Navy
- 1254 Charles Morris St., SE, Suite 320
- Washington Navy Yard, DC 20374-5124
- Comm: (202) 685-7700
- DSN: 325-7700
- Email: Robert.Troidl@navy.mil
- Media inquiries should be directed to:
- Special Assistant, Public Affairs
- Office of the Judge Advocate General
- 1322 Patterson Ave., SE, Suite 3000
- Washington Navy Yard, D.C. 20374-5066
- Comm: (202) 685-5493
- DSN: 325-5493
- Email: Jennifer.Zeldis@navy.mil
- Freedom of Information Act requests for matters pending before the Court should be directed to:
- Review and Special Correspondence
- U.S. Navy-Marine Corps Appellate Review Activity
- 1254 Charles Morris St., SE, Suite B01
- Washington Navy Yard, DC 20374-5124
- Comm: (202) 685-7068
- DSN: 325-7070
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