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To: Smokeyblue
In a Military Court, would this be the *final* avenue? In other words, is there a court of appeal of some kind in military courts? Does Lt. Col. Lakin have any recourse if this judge/military panel find against him? Col. Lakin seems to be drawing some pretty important people to his side on this.
4 posted on 09/04/2010 6:07:13 AM PDT by Humal
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To: Humal

“Col. Lakin seems to be drawing some pretty important people to his side on this.”

I hope more will be speaking out.

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”


7 posted on 09/04/2010 6:26:50 AM PDT by Smokeyblue
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To: Humal

Uniform Code of Military Justice

*867. ART. 67. REVIEW BY THE COURT OF MILITARY APPEALS

(a) The Court of Military Appeals shall review the record in--

(1) all cases in which the sentence, as affirmed by a Court of Military Review, extends to death;

(2) all cases reviewed by a Court of Military Review which the Judge Advocate General orders sent to the Court of Military Appeals for review; and

(3) all cases reviewed by a Court of Military Review in which, upon petition of the accused and on good cause shown, the Court of Military Appeals has granted review.

(b) the accused may petition the Court of Military Appeals for review of a decision of a court of Military Review within 60 days from the earlier of --

(1) the date on which the accused is notified of the decision of the Court of Military Review; or

(2) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record fro the accused (if any), is deposited in the United States mails for delivery by first class mail to the accused at an address provided by the accused, or, if no such address has been provided by the accused, at the last address listed for the accused in his official service record. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.

(c) In any case reviewed by it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law.

(d) If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(e) After it has acted on a case, the Court of Military Appeals may direct the Judge Advocate General to return the record to the Court of Military Review for further review in accordance with the decision of the Court. Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.

* 867a. ART. 67a. REVIEW BY THE SUPREME COURT

(a) Decisions of the Unites States Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Military Appeals in refusing to grant a petition for review.

(b) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.

13 posted on 09/04/2010 7:07:18 AM PDT by deport
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