Military Appellate Procedures Act of 1980

Summary

Military Appellate Procedures Act of 1980 - Amends the Uniform Code of Military Justice to eliminate the mandatory review by Courts of Military Review and the Court of Military Appeals of sentences affecting general or flag officers. Stipulates that such amendment shall not apply to cases begun before the effective date of this Act. Revises provisions relating to status, jurisdiction, membership, organization, procedure, and administration of the Court of Military Appeals. States that: (1) the Court shall consist of five members (presently three); and (2) a member must be appointed before reaching 65 years of age and must be a member of the bar of a Federal court or the highest court of a State. States, with regard to organization, that: (1) the seal of the Court shall be judicially noticed; (2) a majority of the Court shall constitute a quorum (presently two judges for a quorum); and (3) the principal office of the Court shall be in the District of Columbia. States, with regard to procedure, that: (1) the rules of practice may be prescribed by the Court, and as far as practical, shall be the same as those used before the United States courts of appeal; (2) the accused has 60 days from (a) the date of notification of the decision of a Court of Military Review, or (b) the date on which the decision of a Court of Military Review is deposited with the post office for delivery to the accused, to petition for review. States, with regard to administrative procedures, that the Court: (1) shall provide for the publication of its reports for public use; (2) may appoint and fix the pay of necessary employees; and (3) may make necessary expenditures and set fees for the copying of transcripts and other related documents. Sets forth transition provisions regarding: (1) continuation of status; (2) term of office; and (3) employees. Provides for Supreme Court review by writ of certiorari of: (1) cases reviewed by the Court of Military Appeals in which the sentence extends to death; (2) issues certified to the Court of Military Appeals by the Judge Advocate General; (3) issues reviewed by the Court of Military Appeals upon petition of the accused, except that the Supreme Court may not review a refusal by the Court of Military Appeals to grant a petition for review; and (4) other issues for which the Court of Military Appeals granted relief. States that Appellate Government counsel may represent the United States before the Supreme Court if so requested by the Attorney General in cases arising under the Military Code. Provides for Appellate defense counsel representation in such cases. Makes technical amendments.

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1 official file

• Introduced in House

  summary · EN · 24 January 1980

  Open at official source

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