Jurisdiction

Court of Appeals for the Armed Forces Rules of Practice and Procedure

Rule: 4

Jurisdiction: US

Bluebook Citation: C.A.A.F. R. 4

(1) Death Sentences. Cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death. See Rule 18(a); (2) Certified by a Judge Advocate General. Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, 10 U.S.C. § 862, or on application for extraordinary relief filed therein, which a Judge Advocate General forwards by certificate for review to the Court. See Rule 18(b); and 5 (3) Petitions by the Accused. Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, in which, upon petition of the accused and on good cause shown, the Court grants review. See Rule 18(c). (b) Extraordinary Writs. (1) The Court may, in its discretion, entertain original petitions for extraordinary relief, including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See 28 U.S.C. § 1651(a); Rules 18(d), 27(a), 28. Ordinarily, the Court will not accept the filing of a petition that does not set forth what relief was sought in the appropriate Court of Criminal Appeals. If the petitioner did not seek relief from a Court of Criminal Appeals, the petitioner must file a motion to show good cause to excuse the failure to do so. (2) The Court may, in its discretion, entertain a writ-appeal petition to review the decision of a Court of Criminal Appeals on a petition for extraordinary relief. See Rules 18(d), 19(e), 27(b), 28. (c) Rules Not to Affect Jurisdiction. These rules do not extend or limit the jurisdiction of this Court as established by law.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.