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. If the sentence affirmed by the NMCMR does not
include a dismissal, notify the CA, the OEGCMJ over
the accused, or SECNAV who may order into execution
any unexecuted sentence affirmed by the NMCMR.
Notification to Accused
The accused is notified of the decision of the
NMCMR. If the accused has the right to petition the
COMA for review, the accused is provided with a copy
of the decision of the NMCMR bearing an endorsement
notifying the accused of this right. The endorsement
informs the accused that such a petition:
. may be filed only within 60 days from the time
the accused was notified of the decision of the
NMCMR or the mailed copy of the decision was
postmarked, whichever is earlier; or
. may be sent through the officer immediately
exercising general court-martial jurisdiction
over the accused and through JAG or filed
directly with the COMA.
The accused may be notified personally or a copy
of the decision may be sent, after service on appellate
counsel, by certified First-Class Mail to the accused. If
JAG sends the case to the COMA, the accused should
be so notified.
REVIEW BY A COURT OF MILITARY
APPEALS
The COMA reviews the record in all cases:
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in which the sentence, as affirmed by an
NMCMR, extends to death;
reviewed by an NMCMR that JAG orders sent to
a COMA for review; and
reviewed by an NMCMR, except those referred
to it by JAG, in which, upon petition by the
accused and on good case shown, the COMA
grants a review.
In cases reviewed, a COMA has authority to act only
on matters of law. A COMA does not have the authority
to (1) weigh the evidence; (2) judge the credibility of
witnesses; or (3) make new findings of fact.
Whether there is sufficient evidence to sustain a
finding of guilty, however, is a matter of law.
In a case certified by JAG to a COMA, action by the
COMA is not restricted to the issues certified by JAG.
In a case reviewed upon petition of an accused, the court
is required to take action only with regard to the issues
specified in the grant of review.
ACTION ON DECISION BY A COURT OF
MILITARY APPEALS
After it acts on a case, the COMA may direct JAG
to return the record to the NMCMR for further
proceedings according to the decision of the court.
Otherwise, unless the decision is subject to review by
the Supreme Court, or there is to be further action by the
President of the United States or SECNAV, JAG will
instruct the CA to take action according to the decision
of the COMA.
If the COMA affirms a sentence that must be
approved by the President before it can be executed,
JAG sends the record of trial, the decision of the
NMCMR, the decision of the COMA, and the
recommentation of JAG to SECNAV for the action of
the President.
REVIEW BY THE UNITED STATES
SUPREME COURT
Finally, review by the United States Supreme Court
is possible under 28 U.S.C. $ 1259 and Article 67(h),
UCMJ. Decisions of the COMA may be reviewed by
the Supreme Court by a writ of certiorari in the
following cases:
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Cases reviewed by the COMA under Article
67(b)(1)
Cases certified to the COMA by JAG under
Article 67(b)(2)
Cases in which the COMA granted a petition for
review under Article 67(b)(3)
Cases other than those described previously that
the COMA has granted relief
A writ of certiorari is an order by the appellate court
that is used by that court when it has discretion on
whether or not to hear an appeal from a lower court. If
the writ is denied, the court refuses to hear the appeal
and, in effect, the previous judgement stands unchanged.
If the writ is granted, then it has the effect of ordering
the lower court to certify the record and send it to the
higher court that has used its discretion to hear the
appeal.
The Supreme Court may not review by a writ of
certiorari any action of a COMA in refusing to grant a
petition for review.
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