Section 867 - Art. 67. Review by the Court of Appeals for the Armed Forces

9 Analyses of this statute by attorneys

  1. Ooops-darn those PTA’s.

    Law Office of Phillip CavePhilip D. CaveNovember 21, 2019

    The case is returned to the Judge Advocate General for remand to the Court of Criminal Appeals for further review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012) shall apply.

  2. Ongoing military death case

    Law Office of Phillip CavePhillip D. CaveNovember 28, 2017

    United States v. Hennis.Appellant’s case is before this Court for mandatory review under Article 67(a)(1), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(a)(1) (2012). Appellant has filed a consolidated motion requesting, in relevant part, appointment of appellate defense team members pursuant to the Army’s capital litigation regulation, as well as funding for learned counsel, a mitigation specialist, and a fact investigator.

  3. A word to the unprepared

    Law Office of Phillip CavePhillip D. CaveJune 2, 2016

    Once the necessary information is obtained, the court will complete its Article 66(c),Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2012), review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012), shall apply.

  4. Just a reminder–IAC possibly on sentencing

    Law Office of Phillip CavePhillip D. CaveMay 29, 2016

    Once the necessary information is obtained, the court will complete its Article 66(c),Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2012), review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012), shall apply.

  5. UCI is back in focus

    Law Office of Phillip CavePhillip D. CaveMay 18, 2016

    Once the necessary information is obtained, the court will complete its Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2012), review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012), shall apply.The ACCA opinion does not appear to be on their website.

  6. The Thompson bounce

    Law Office of Phillip CavePhillip D. CaveJanuary 6, 2012

    At the conclusion of the DuBay hearing, the record will be transmitted to the Court of Criminal Appeals for further review under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866 (2006). Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2006), shall apply.Here’s the prior history from AFCCA’s decision on remand. In a published decision, issued 3 June 2010, [AFCCA} affirmed the approved findings and sentence.

  7. Missed CAAF filing deadlines.

    Law Office of Phillip CavePhillip D. CaveAugust 27, 2009

    On consideration of Appellant’s petition for reconsideration of this Court’s order dismissing Appellant’s petition for grant of review as untimely filed, __ M.J. __ (Daily Journal, June 25, 2009), it is ordered that said petition for reconsideration be, and the same is hereby denied.EFFRON, Chief Judge (concurring in the result):I concur in the result and note that Appellant’s case remains subject to review in our Court under Article 67(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(a)(2). SeeUnited States v. Angell, No. 09-0098/AR, ___ M.J. ___ (C.A.A.F. 2009) (Effron, C.J., concurring in the result)BAKER, Judge (concurring):I concur in the result.

  8. Post-Rodriguez

    Law Office of Phillip CavePhillip D. CaveJune 30, 2009

    CCA 20050411. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and in light of EFFRON, Chief Judge (concurring in the result): I concur in the result and note that Appellant’s case remains subject to review in our Court under Article 67(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(a)(2). See BAKER, Judge (dissenting): I dissent for the reasons stated in

  9. Interesting CAAF remand

    Law Office of Phillip CavePhillip D. CaveApril 8, 2009

    DID THE COURT ERR SINCE THE MEMBERS MUST HAVE BASED THEIR ADULTERY CONVICTION ON THE FORCE AND CONSENT FINDINGS OF RAPE THAT WERE SET ASIDE?The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Air Force Court of Criminal Appeals for consideration of the granted issue and completion of its Article 66(c), UCMJ, review.Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2000), shall apply.