Transmittal of records of trial for

general and special courts-martial (a) Cases forwarded to the Judge Advocate General. In all general and special courts-martial in which the judgment includes a finding of guilty, the certified record of trial and attachments required under R.C.M. 1112(f) shall be sent directly to the Judge Advocate General concerned. Forwarding an electronic copy of the certified record of trial and attachments satisfies the requirements under this rule. The records of trial in II-119 general and special courts-martial without a finding of guilty shall be disposed of in accordance with the regulations of the Secretary concerned. (b) Transmittal of records for cases eligible for appellate review by a Court of Criminal Appeals. (1) Automatic review. Except when the accused has waived or withdrawn the right to appellate review, if the court-martial judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, a dishonorable or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward the certified record of trial and attachments required under R.C.M. 1112(f) to the Court of Criminal Appeals for automatic review under Article 66(b)(3). (A) A copy of the record of trial and attachments shall be forwarded to appellate defense counsel in accordance with rules prescribed by the Secretary concerned. If the record forwarded does not include a written transcript of the proceedings, the Government shall provide appellate defense counsel with appropriate equipment for playback of the recording and with either— (i) the means to transform the recording into a text format through voice recognition software or similar means; or (ii) a transcription of the record in either printed or digital format. (B) Upon written request of the accused, a copy of the record and attachments shall be forwarded to a civilian counsel provided by the accused. the (C) Copies of record provided under subparagraph (b)(1)(A) of this rule shall not include sealed exhibits, recordings or transcriptions of closed sessions, or classified matters. (2) Cases eligible for direct appeal by the accused. Except when the accused has waived or withdrawn the right to appeal under Article 61, if a general and special court-martial is not subject to automatic review under Article 66(b)(3) but is eligible for review under Article 66(b)(1), the Judge Advocate General shall provide notice to the accused of the right to file an appeal either by depositing the notice in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused, or, if the accused has not provided an address, to the latest address listed for the accused in the official service record of the accused. Proof of service shall be attached to the record of trial. II-120 (A) The Judge Advocate General shall forward a copy of the record of trial and attachments required under R.C.M. 1112(f) to an appellate defense counsel who shall be detailed to review the case, and upon request of the accused, to represent the accused before the Court of Criminal Appeals. the procedures set forth (B) The record of trial and attachments required under R.C.M. 1112(f) shall be forwarded in accordance with in subparagraphs (b)(1)(A)–(C) of this rule. (c) General and special courts-martial not reviewed by a Court of Criminal Appeals. General and special courts-martial with a finding of guilty not reviewed by a Court of Criminal Appeals under Article 66(b)(1) or (3) shall be reviewed under Article 65(d)(2). (d) Review when appellate review by a Court of Criminal Appeals is waived, withdrawn, or not filed. In a general or special court-martial in which the accused waives the right to appellate review or withdraws an appeal under Article 61, or fails to file a timely appeal in a case eligible for review by the Court of Criminal Appeals under Article 66(b)(1), the case shall be reviewed under Article 65(d)(3).