Page:United States Statutes at Large Volume 97.djvu/1438

 97 STAT. 1406 PUBLIC LAW 98-209—DEC. 6, 1983 28 USC 1259. "§ 1259. Court of Military Appeals; certiorari "Decisions of the United States Court of Military Appeals may be reviewed by the Supreme Court by writ of certiorari in the following cases: "(1) Cases reviewed by the Court of Military Appeals under 10 USC 867. section 867(b)(1) of title 10. "(2) Cases certified to the Court of Military Appeals by the Judge Advocate General under section 867(b)(2) of title 10. "(3) Cases in which the Court of Military Appeals granted a petition for review under section 867(b)(3) of title 10. "(4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Military Appeals granted relief.". (2) The table of sections at the beginning of chapter 81 of such title is amended by adding at the end thereof the following new item: "1259. Court of Military Appeals; certiorari.". (b) Section 2101 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(g) The time for application for a writ of certiorari to review a decision of the United States Court of Military Appeals shall be as prescribed by rules of the Supreme Court.". 10 USC 866. (c)(1) Section 866(e) (article 66(e)) is amended by striking out "or the Court of Military Appeals" and inserting in lieu thereof "the Court of Military Appeals, or the Supreme Court". 10 USC 867. (2) Section 867 (article 67) is amended by adding at the end thereof the following new subsection: "(h)(1) Decisions of the Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in Supra. section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under such section any action of the Court of Military Appeals in refusing to grant a petition for review. "(2) 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" 10 USC 870. (3)(A) Section 870(b) (article 70(b)) is amended by adding at the end thereof the following new sentence: "Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.". (B) Subsections (c) and (d) of such section are amended to read as follows: "(c) Appellate defense counsel shall represent the accused before the Court of Military Review, the Court of Military Appeals, or the Supreme Court— "(1) when requested by the accused; "(2) when the United States is represented by counsel; or "(3) when the Judge Advocate General has sent the case to the Court of Military Appeals. "(d) The accused has the right to be represented before the Court of Military Review, the Court of Military Appeals, or the Supreme Court by civilian counsel if provided by him.".

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