Certificate for Review

(a) A certificate for review under Rule 18(b) will be substantially in the following form: IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES UNITED STATES, (Appellee) (Appellant) v. ______________________ (Full typed name, grade, & service of accused), CERTIFICATE FOR REVIEW Crim. App. Dkt. No. (Appellant) (Appellee) USCA Dkt. No. [For Court use only] TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES: 1. Pursuant to Article 67(a)(2), Uniform Code of Military Justice, 10 U.S.C. 867(a)(2), the record of trial and decision of the United States ______ Court of Criminal Appeals in the above-entitled case are forwarded for review. 2. The accused has been found guilty by a (type of court-martial) of a violation of Article(s) of the Uniform Code of Military Justice and has been sentenced to (include entire adjudged sentence) on the (insert trial date). The trial took place at (location). Judgment was entered on the following findings and sentence: __________. The Court of Criminal Appeals (state action taken). [Substitute different case history facts as appropriate when the Court of Criminal Appeals decision involves an application for extraordinary relief or an appeal by the United States under Article 62, UCMJ, 10 U.S.C. § 862.] 3. It is requested that action be taken with respect to the following issue(s): [Set out issue(s) here] ___________________________ The Judge Advocate General , Received a copy of the foregoing Certificate for Review this day of . 22 ________________________________ ________________________________ Appellate Government Counsel Appellate Defense Counsel ________________________________ ________________________________ Address, email, and telephone no. Address, email, and telephone no. _____[initial] I certify that appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps has been made in compliance with Article 67(a)(2), UCMJ. Certificate of Filing and Service I certify that the foregoing was electronically filed with the Court, and a copy served upon appellate defense counsel on this ___ day of , . ________________________ Appellate Counsel (b)(1) Article 62, UCMJ, Cases. A certificate for review of a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, must be filed with a supporting brief in accordance with Rule 24, on behalf of the appellant no later than sixty days after the date of the decision of the Court of Criminal Appeals. See Rule 34(a). An appellee must file its answer no later than fourteen days after the appellant files such certificate for review and supporting brief. The appellant may file a reply no later than seven days after the appellee files its answer. (2) Extraordinary Relief Cases. A certificate for review of a decision by a Court of Criminal Appeals on application for extraordinary relief filed therein must be filed with a supporting brief in accordance with Rule 24, on behalf of the appellant, no later than sixty days after the date of the decision of the Court of Criminal Appeals. See Rule 34(a). An appellee must file its answer no later than fourteen days after the appellant files such certificate for review and supporting brief. The appellant may file a reply no later than seven days after the appellee files its answer. (3) Other Cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review must be filed either: (a) no later than sixty days after the date of the decision of the Court of Criminal Appeals (see Rule 34(a)); or (b) no later than twenty-eight days after a petition for grant of review is granted. In cases that involve both granted and certified issues, the Clerk will establish a consolidated briefing schedule for all issues. In cases that involve only certified issue(s), the appellant must file a brief in support of the certified issues in accordance with Rule 24 no later than twenty-eight days after the Clerk issues a notice of docketing of the certificate for review. An appellee must file its answer no later than twenty-eight days after the appellant files its brief. The appellant must file a reply no later than fourteen days after the appellee files its answer. 23