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Topic: United States Court of Appeals for the Armed Forces

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	United States Court of Appeals - Wikipedia, the free encyclopedia
		There currently are thirteen United States courts of appeals, although there are other tribunals (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.
		Although the courts of appeals are frequently referred to as "circuit courts," they should not be confused with the historical United States circuit courts, which existed from 1789 to 1911 and were primarily trial courts.
		A court of appeals applies the law as it exists at the time of the appeal, otherwise it would be handing down decisions that were instantly obsolete, and this would be a waste of resources since such decisions could not be cited as precedent.
	en.wikipedia.org /wiki/United_States_court_of_appeals (1309 words)

	No. 00-919: Stevenson v. United States - Opposition
		The judgment of the United States Court of Appeals for the Armed Forces was entered on August 2, 2000.
		The court explained that the armed forces do not rely on servicemembers on the TDRL to carry out military missions and therefore do not need to be able to take actions necessary to preserve their health as they would for active duty servicemembers.
		United States, 512 U.S. 452, 457 n.* (1994) (noting that "[w]e have never had occasion to consider whether the Fifth Amendment privilege against self-incrimination, or the attendant right to counsel during custodial interrogation, applies of its own force to the military").
	www.usdoj.gov /osg/briefs/2000/0responses/2000-0919.resp.html (2764 words)

	Edmond v. United States, 520 U.S. 651 (1997). (Site not responding. Last check: 2007-10-21)
		United States, 515 U. ___, this Court overturned a conviction that had been affirmed, before the secretarial appointments, by a Coast Guard Court of Military Review panel that included both civilian members, as it was conceded that the judges had not been validly appointed pursuant to the Appointments Clause.
		The Court of Appeals for the Armed Forces affirmed the convictions, relying on its holding on remand in Ryder that the Secretary's appointments were valid and cured the defect that had previously existed.
		Supervision of the work of Coast Guard Court of Criminal Appeals judges is divided between the General Counsel of the Department of Transportation (who is subordinate to the Secretary) and the Court of Appeals for the Armed Forces.
	www.law.cornell.edu /supct/html/96-262.ZS.html (714 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		UNITED STATES JAKE A. on writ of certiorari to the united states court of appeals for the armed forces
		The Coast Guard Court of Criminal Appeals hears appeals from the decisions of courts martial, and its decisions are subject to review by the United States Court of Appeals for the Armed Forces (formerly known as the United States Court of Military Appeals).
		United States, 510 U.S. (1994), we considered whether the assignment of commissioned military officers to serve as military judges withoutreappointment under the Appointments Clause was constitutional.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=us&vol=520&invol=651 (5063 words)

	No. 00-607: Gray v. United States - Opposition
		The court concluded that the government's basis for the challenge-that the member's responses to questions concerning the death penalty were equivocal-was race-neutral, and that "public confidence in the military justice system has not been undermined." Ibid.
		The court noted that, at the time of petitioner's trial, the CAAF had not yet held that Batson applied to courts-martial or that the defense made out a prima facie case of discrimination by showing that a single peremptory challenge was lodged against a court-martial member of the same minority race as the accused.
		United States, 483 U.S. The Fifth Amendment specifically exempts "cases arising in the land or naval forces" from the requirement of an indictment by a grand jury for serious crimes.
	www.usdoj.gov /osg/briefs/2000/0responses/2000-0607.resp.html (4471 words)

	Loving vs United States
		United States, 500 U.S. The exercise of a delegated authority to define crimes may be sufficient in certain circumstances to supply the notice to defendants the Constitution requires.
		United States, 327 U.S. In the circumstances presented here, so too may Congress delegate authority to the President to define the aggravating factors that permit imposition of a statutory penalty, with the regulations providing the narrowing of the death-eligible class that the Eighth Amendment requires.
		United States, 319 U.S. (1943) (upholding delegation to the Federal Communications Commission to regulate radio broadcasting according to "public interest, convenience, or necessity").
	www.uhuh.com /laws/loving.htm (842 words)

	George Mason University School of Law Current News: United States Coast Guard Court of Appeals Oral Argument
		Decisions of the United States Court of Appeals for the Armed Forces are then subject to review by the United States Supreme Court by writ of certiorari.
		The Coast Guard Court is composed of five appellate military judges who have been assigned to the Court by the Judge Advocate General of the Coast Guard.
		The hearing at George Mason is part of “Project Outreach,” a program in which the Court of Appeals for the Armed Forces and the service courts of criminal appeals have taken their hearings to the service academies and various law schools in an effort to provide a broader understanding of the military’s criminal justice system.
	www.gmu.edu /departments/law/currnews/uscg-appeal.html (715 words)

	US CODE--TITLE 10--APPENDIX
		Decisions by a Court of Criminal Appeals on petitions for extraordinary relief may be appealed by filing a writ appeal petition in accordance with Rules 27(b) and 28.
		A writ appeal petition under Rule 4(b)(2) for review of a decision by a Court of Criminal Appeals acting on a petition for extraordinary relief shall be filed no later than 20 days after the date the decision of the Court of Criminal Appeals is served on the appellant or appellant's counsel.
		to the judges of the united states court of appeals for the armed forces:
	www.access.gpo.gov /uscode/title10a/10a_1_4_.html (2838 words)

	AMICUS CURIAE RE: THE POLYGRAPH Draft v. 2.1.1
		Under Gipson the trial court rules on a case-by-case approach assuring that incompetently conducted tests will not be admitted as evidence, while ensuring the defendants right to present scientifically valid evidence in his or her defense.
		The United States military polygraph programs maintain strict guidelines for the administration of polygraph tests and every polygraph in a criminal case is reviewed by quality control at the programs headquarters.
		We respectfully urge the Court to deny the petitioner's request to set aside the decision of the United States Court of Appeals for the Armed Forces in this case.
	truth.boisestate.edu /amicus/brief.html (7441 words)

	US CODE--TITLE 10--APPENDIX
		Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), or on application for extraordinary relief filed therein, which a Judge Advocate General forwards by certificate for review to the Court.
		All process of the Court, except mandates, shall be in the name of the United States and shall contain the names and the military rank or civilian office, if any, of the parties.
		In the case of an appeal taken by the United States under Article 62, UCMJ, 10 USC § 862 (1983), the appeal shall be docketed under the same title given to the action in the court-martial with the accused and the United States denominated as the sole parties therein.
	www.access.gpo.gov /uscode/title10a/10a_1_1_.html (1244 words)

	Edmond v. United States, 520 U.S. 651 (1997).
		Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
		United States, 510 U.S. (1994), we considered whether the assignment of commissioned military officers to serve as military judges without reappointment under the Appointments Clause was constitutional.
		Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State.
	www.law.cornell.edu /supct/html/96-262.ZO.html (3364 words)

	Armed Forces Appeals Court to Hear Arguments
		The United States Court of Appeals for the Armed Forces heard oral arguments in a real case at Duke Law on Feb. 25, with two Law students, Randall Cook ’04 and Nita Farahany ’04, appearing as amici.
		The U.S. Supreme Court, however, ruled that O’Connor had pleaded guilty based on questionable definitions of child pornography and that the government had not proven that the images were of actual children rather than computer-generated pictures.
		But they also contended that the Court could convict him for other offenses of conduct that would be inconsistent with the good order and discipline of the armed forces.
	www.law.duke.edu /features/news_armedforces.html (1245 words)

	judiciary
		The Air Force Court of Criminal Appeals affirmed, and when Goldsmith sought no review of that decision in the Court of Appeals for the Armed Forces (CAAF), his conviction became final.
		The court ruled that it lacked jurisdiction to act, and it was in Goldsmith's appeal from that determination that he first asserted the claim that the Air Force's action to drop him violated the Ex Post Facto and Double Jeopardy Clauses.
		United States Marshals Service, 474 U.S. The CAAF is accorded jurisdiction by statute to "review the record in [specified] cases reviewed by" the service courts of criminal appeals, 10 U.S.C. § 867(a)(2), (3), which in turn have jurisdiction to "revie[w] court-
	www.netwalk.com /~kelandkat/page11.html (310 words)

	[No title]
		862 (1983), the appeal shall be docketed under the same title given to the action in the court-martial with the accused and the United States denominated as the sole parties therein.
		The Clerk shall serve as custodian of the records of the Court and shall not permit any documents relative to a case to be taken from the courthouse except by order of a judge of the Court.
		Counsel in any case before the Court shall be a member in good standing of the bar of a Federal Court, the highest court of a State or another recognized bar.
	uscode.house.gov /download/pls/10A.txt (14317 words)

	UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
		Donald A. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Army Court of Criminal Appeals is affirmed.
		and, that the decision of the United States Army Court of Criminal Appeals is affirmed.
		Kenneth W. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, said petition is hereby granted and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
	www.armfor.uscourts.gov /journal/2001Jrnl/2001May.htm (2500 words)

	The U School of Law to Host the United States Court of Appeals for the Armed Forces (Site not responding. Last check: 2007-10-21)
		In Oct. 2004, the U.S. Court of Appeals for the Armed Forces granted a petition by Sergeant Reeves to review his case on several issues after his conviction of charges related to the Child Pornography Prevention Act and whether the law has extraterritorial application.
		The court is composed of five civilian judges appointed for 15-year terms by the President, with the advice and consent of the Senate.
		The court sits as a single panel on cases, he said, and is one of 14 appellate courts just below the Supreme Court of the United States in the federal court system.
	www.usd.edu /press/news/news.cfm?nid=361 (777 words)

	State Bar Association of North Dakota
		The United States Court of Appeals for the Armed Forces announced Judge H.F. “Sparky” Gierke will become Chief Judge of the Court of Appeals on October 1, 2004.
		Judge Gierke served on the North Dakota Supreme Court from 1983 to 1991, when President George H.W. Bush appointed him to the Court of Appeals for the Armed Forces (formerly known as the Court of Military Appeals) in Washington, D.C. Judge Gierke is known as a great teacher as well as a great judge.
		In addition to his full-time duties on the Court, Judge Gierke is an award-winning law professor at two law schools in the D.C. area: George Washington University and Catholic University.
	www.sband.org /SBANDNews/view.asp?ID=172 (214 words)

	Case: United States v. Marcum (Site not responding. Last check: 2007-10-21)
		Washington D.C. United States Court of Appeals for the Armed Forces (as a Friend-of-the-Court)
		In October 2003, the military’s highest court heard oral argument on whether the military’s sodomy law is constitutional in light of Lambda Legal’s Supreme Court victory last year striking down all of the nation’s remaining state sodomy laws.
		The military sodomy law, Article 125, applies to sodomy by heterosexuals and homosexuals regardless of where the act takes place, meaning that even married couples could be prosecuted for oral sex, for example, in the privacy of their own homes.
	www.lambdalegal.org /cgi-bin/iowa/cases/record?record=198 (242 words)

	U.S. COURT OF APPEALS FOR THE ARMED FORCES (Site not responding. Last check: 2007-10-21)
		Several civil rights groups had urged the military to strike down Article 125 on the basis of last year's U.S. Supreme Court decision in Lawrence vs. Texas, which struck down all state laws prohibiting consensual sodomy.
		Article 125 applies both to heterosexual and homosexual sodomy, regardless of where the act takes place, meaning that even married couples could be prosecuted for committing sodomy in the privacy of their own homes.
		Marcum was a cryptologic linguist and the supervising noncommissioned officer for a group of Persian-Farsi speaking intelligence analysts stationed at Offutt Air Force Base in Omaha, Neb. He was convicted in May of 2001 of engaging in consensual sodomy with a fellow airman in the privacy of his home.
	www.actwin.com /eatonohio/gay/usarm.html (198 words)

	Court of Appeals Rules per se Ban on Polygraph Unconstitutional
		United States district courts, but which may not be contrary to or inconsistent
		Court of Montana to the contrary must be reversed.
		The decision of the United States Air Force Court of Criminal Appeals is
	truth.boisestate.edu /polygraph/UScoaaf.html (4389 words)

	Publisher description for Library of Congress control number 97019771
		Publisher description for Pursuing military justice : the history of the United States Court of Appeals for the Armed Forces, 1951-1980 / Jonathan Lurie.
		Here Lurie tracks the first thirty years of the U.S. Court of Appeals for the Armed Forces, from 1951 to 1980, telling how judges struggled to gain legislative goals against a hostile and politically adept military.
		He also explores the degree to which military justice should "civilianize" its procedures, the individual rights of service members, the impact on the Court's decisions by the personalities of its judges, and the influence of various pressure groups on the course of military justice.
	www.loc.gov /catdir/description/prin021/97019771.html (266 words)

	News and Events, About Us, Law School, Orlando, Florida - Barry University (Site not responding. Last check: 2007-10-21)
		For the first time, the United States Court of Appeals for the Armed Forces sat in the state of Florida and it chose to do so at Barry University School of Law.
		The United States Court of Appeals for the Armed Forces (http://www.armfor.uscourts.gov/) exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.
		Decisions by the Court are subject to direct review by the Supreme Court of the United States.
	www.barry.edu /law/aboutUs/newsEvents.htm (3338 words)

	Edmond v. United States (1997) [96-262]
		Pursuant to the Uniform Code of Military Justice, the Coast Guard Court of Criminal Appeals' judges may be officers or civilians.
		Edmond and others argued that the civilian judges' appointments were invalid due to the Appointments Clause, which holds "principle officers" must be appointed by the President with the advice and consent of the Senate.
		The Court unanimously found that Congress has authorized the Secretary to appoint civilian members of the Coast Guard Court of Criminal Appeals.
	www.oyez.org /oyez/resource/case/824 (295 words)

	VLS Press Release: Vermont Law School to Host Hearing by United States Court of Appeals for the Armed Forces (Site not responding. Last check: 2007-10-21)
		The United States Court of Appeals for the Armed Forces exercises worldwide, appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.
		Cases on the court’s docket address a broad range of legal issues, including constitutional law, criminal law, evidence, criminal procedure, ethics, administrative law, and national security law.
		The Vermont Law School hearing is in conjunction with the court’s “Project Outreach.” The court will also hear cases on the campuses of Franklin Pierce Law School in Concord, NH, and at Harvard Law School in Cambridge, MA, during the same week.
	www.vermontlaw.edu /pageprint.cfm?doc_ID=958 (468 words)

	United States Courts of Criminal Appeals for Branches of the U.S. Armed Forces - LexisNexis InfoPro - Zimmerman's ...
		United States Courts of Criminal Appeals for Branches of the U.S. Armed Forces
		The United States Courts of Criminal Appeals for Branches of the U.S. Armed forces (formerly the Boards of Review and then the Courts of Military Review) review courts-martial cases.
		Decisions of the Courts of Criminal Appeals can be appealed to the U.S. Court of Appeals for the Armed Forces.
	www.lexisnexis.com /infopro/zimmerman/disp.aspx?z=2067 (267 words)

	Find in a Library: Pursuing military justice : the history of the United States Court of Appeals for the Armed Forces, ...
		Pursuing military justice : the history of the United States Court of Appeals for the Armed Forces, 1951-1980
		-- Court of Appeals for the Armed Forces -- History.
		To find this item in a library, enter a postal code, state, province, or country in the field above.
	www.worldcatlibraries.org /wcpa/ow/9179118dff2f3d74a19afeb4da09e526.html (93 words)

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