Sec. 532. Consideration of the evidence by Courts of Criminal Appeals
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/bill/116/hr/6395/eas/section-532·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended— by redesignating subsections
(e)through
(j)as subsections
(f)through (k), respectively; and by inserting after subsection
(d)the following new subsection (e): In an appeal of a finding of guilty under subsection (b), the Court of Criminal Appeals, upon request of the accused, may consider the weight of the evidence upon a specific showing by the accused of deficiencies in proof. The Court may set aside and dismiss a finding if clearly convinced that the finding was against the weight of the evidence. The Court may affirm a lesser finding. A rehearing may not be ordered. When considering a case under subsection (b), the Court may weigh the evidence and determine controverted questions of fact, subject to— appropriate deference to the fact that the court-martial saw and heard the witnesses and other evidence; and appropriate deference to findings of fact entered into the record by the military judge. . Subsection
(a)of such section (article) is amended— by inserting
(1)before Each judge ; and by adding at the end the following new paragraph: In addition to any other qualifications specified in paragraph (1), any commissioned officer assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in military justice assignments before such assignment, and any civilian so assigned shall have not fewer than 12 years as a judge or criminal trial attorney before such assignment. A Judge Advocate General may waive the requirement in subparagraph
(A)in connection with the assignment of an officer or civilian as an appellate military judge of a Court of Criminal Appeals if the Judge Advocate General determines that compliance with the requirement in the assignment of appellate military judges to a Court of Criminal Appeals will impair the ability of the Court to hear and decide appeals in a timely manner. Not later than 120 days after waiving the requirement in subparagraph
(A)pursuant to subparagraph (B), the Judge Advocate General shall notify the congressional defense committees of the waiver, and include with the notice an explanation for the shortage of appellate military judges and a plan for addressing such shortage. . Subsection
(e)of such section (article), as amended by subsection
(a)of this section, is further is amended by adding at the end the following new paragraph: Any determination by the Court that a finding was clearly against the weight of the evidence under paragraph
(1)shall be reviewed by the Court sitting as a whole. .