Sec. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS OF CRIMINAL APPEALS
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## SEC. 542 QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS OF CRIMINAL APPEALS ###
(a)Qualifications of Certain Judges Section 866(a) of title 10, United States Code (article 66(a) of the Uniform Code of Military Justice), is amended— ####
(1)by striking “ Each Judge ” and inserting: > > #### “(1) In general > > Each Judge” > ; and ####
(2)by adding at the end the following new paragraph: > > #### “(2) Additional qualifications > > In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law before such assignment.” > . ###
(b)Standard of Review Paragraph
(1)of section 866(d) of title 10, United States Code (article 66(d) of the Uniform Code of Military Justice), is amended to read as follows: > > #### “(1) Cases appealed by accused > > > ##### “(A) In general > > In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty as the Court finds correct in law, and in fact in accordance with subparagraph (B). The Court may affirm only the sentence, or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. > > > ##### “(B) Factual sufficiency review > > > ######
(i)> > In an appeal of a finding of guilty under subsection (b), the Court may consider whether the finding is correct in fact upon request of the accused if the accused makes a specific showing of a deficiency in proof. > > > ###### “(ii) > > After an accused has made such a showing, the Court may weigh the evidence and determine controverted questions of fact subject to— > > > ###### “(I) > > appropriate deference to the fact that the trial court saw and heard the witnesses and other evidence; and > > > ###### “(II) > > appropriate deference to findings of fact entered into the record by the military judge. > > > ###### “(iii) > > If, as a result of the review conducted under clause (ii), the Court is clearly convinced that the finding of guilty was against the weight of the evidence, the Court may dismiss, set aside, or modify the finding, or affirm a lesser finding.” > . ###
(c)Review by United States Court of Appeals for the Armed Forces of Factual Sufficiency Rulings Section 867(c)(1) of title 10, United States Code (article 67(c)(1) of the Uniform Code of Military Justice), is amended— ####
(1)in subparagraph (A), by striking “or” at the end; ####
(2)in subparagraph (B), by striking the period at the end and inserting “; or”; and ####
(3)by adding at the end the following new subparagraph: > > ##### “(C) > > the findings set forth in the entry of judgment, as affirmed, dismissed, set aside, or modfied by the Court of Criminal Appeals as incorrect in fact under section 866(d)(1)(B) of this title (article 66(d)(1)(B)).” > . ###
(d)Inclusion of Additional Information in Annual Reports Section 946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the Uniform Code of Military Justice), is amended— ####
(1)in subparagraph (B), by striking “and” at the end; ####
(2)in subparagraph (C), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following new subparagraph: > > ##### “(D) > > an analysis of each case in which a Court of Criminal Appeals made a final determination that a finding of a court-martial was clearly against the weight of the evidence, including an explanation of the standard of appellate review applied in such case.” > . ###
(e)Effective Dates and Applicability **[**[10 U.S.C. 866 note](/us/usc/t10/s866)**]** ####
(1)Qualifications of certain judges The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act, and shall apply with respect to the assignment of appellate military judges on or after that date. ####
(2)Review amendments The amendments made by subsections
(b)and
(c)shall take effect on the date of the enactment of this Act, and shall apply with respect to any case in which every finding of guilty entered into the record under section 860c of title 10, United States Code (article 60c of the Uniform Code of Military Justice), is for an offense that occurred on or after that date.
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Sec. 542
QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS OF CRIMINAL APPEALS
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