10-U.S.C.-950G
§950G – Review By United States Court of Appeals For The District of Columbia Circuit; Writ of Certiorari to Supreme Court
Pathway
Title 10 > Subtitle A > Part II > Chapter 47A > Subchapter VII > Section 950g
Details
- Reference: Section 950g
- Legend: §950G – Review By United States Court of Appeals For The District of Columbia Circuit; Writ of Certiorari to Supreme Court
- USCode Year: 2013
Provision Content
(a) Exclusive Appellate Jurisdiction.—Except as provided in subsection (b), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority and, where applicable, as affirmed or set aside as incorrect in law by the United States Court of Military Commission Review) under this chapter.
(b) Exhaustion of Other Appeals.—The United States Court of Appeals for the District of Columbia Circuit may not review a final judgment described in subsection (a) until all other appeals under this chapter have been waived or exhausted.
(c) Time for Seeking Review.—A petition for review by the United States Court of Appeals for the District of Columbia Circuit must be filed in the Court of Appeals—
(1) not later than 20 days after the date on which written notice of the final decision of the United States Court of Military Commission Review is served on the parties; or
(2) if the accused submits, in the form prescribed by section 950c of this title, a written notice waiving the right of the accused to review by the United States Court of Military Commission Review, not later than 20 days after the date on which such notice is submitted.
(d) Scope and Nature of Review.—The United States Court of Appeals for the District of Columbia Circuit may act under this section only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the United States Court of Military Commission Review, and shall take action only with respect to matters of law, including the sufficiency of the evidence to support the verdict.
(e) Review by Supreme Court.—The Supreme Court may review by writ of certiorari pursuant to section 1254 of title 28 the final judgment of the United States Court of Appeals for the District of Columbia Circuit under this section.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2603; amended Pub. L. 112–81, div. A, title X, §1034(d), Dec. 31, 2011, 125 Stat. 1573.)
Prior Provisions
A prior section 950g, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2622, related to review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court, prior to the general amendment of this chapter by Pub. L. 111–84.
Amendments
2011—Subsec. (a). Pub. L. 112–81, §1034(d)(1), inserted as affirmed or set aside as incorrect in law by after where applicable,.
Subsec. (c). Pub. L. 112–81, §1034(d)(2)(A), substituted in the Court of Appeals— for by the accused in the Court of Appeals not later than 20 days after the date on which— in introductory provisions.
Subsec. (c)(1). Pub. L. 112–81, §1034(d)(2)(B), inserted not later than 20 days after the date on which before written notice and substituted on the parties for on the accused or on defense counsel.
Subsec. (c)(2). Pub. L. 112–81, §1034(d)(2)(C), inserted if before the accused submits and inserted before period at end , not later than 20 days after the date on which such notice is submitted.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-949T in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-949T, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-950C in the Legal Encyclopedia: Military Commissions
In this entry about 10-U.S.C.-950C, find legal reference material, bibliographies and premiere content related to military commissions in the American Encyclopedia of Law, presenting a comprehensive view of the United States military commissions-specific issues, written by authorities in the field.
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