Art. 44. Former jeopardy
United States Code
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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 4% most-cited · cited by 105 decisions
105
Citing decisions
6+
Courts citing
Citations by decade
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Courts citing this statute
Most recently cited by10
- 2026United States v. Coley A.F.C.C.A.
- 2026United States v. Zackery C.A.A.F.
- 2025United States v. Batres C.A.A.F.
- 2025United States v. Sergeant First Class MICHAEL MALONE A.C.C.A.
- 2025United States v. Casillas A.F.C.C.A.
- 2025United States v. Driskill A.F.C.C.A.
- 2024United States v. Driskill C.A.A.F.
- 2024United States v. Blackburn A.F.C.C.A.
- 2024United States v. Matthew A.F.C.C.A.
- 2023United States v. Graves A.F.C.C.A.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
No person may, without his consent, be tried a second time for the same offense. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed. after introduction of evidence; and before announcement of findings under section 853 of this title (article 53); after the members, having taken an oath as members under section 842 of this title (article 42) and after completion of challenges under section 841 of this title (article 41), are impaneled; and before announcement of findings under section 853 of this title (article 53); A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused— A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused— (Source: (Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 114–328, div. E, title LVII, § 5226, Dec. 23, 2016, 130 Stat. 2910; Pub. L. 117–81, div. A, title V, § 538, Dec. 27, 2021, 135 Stat. 1698.))