U.S. CODE

U.S. Code

Rule 4. Jurisdiction

(a) The jurisdiction of the Court is as follows:

(1) Death sentences. Cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death. See Rule 18 (a)(3);

(2) Certified by a Judge Advocate General. 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. See Rule 18 (a)(2);

(3) Petitions by the accused. Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), in which, upon petition of the accused and on good cause shown, the Court has granted review. See Rule 18 (a)(1).

(b) Extraordinary Writs. (1) The Court may, in its discretion, entertain original petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See 28 USC § 1651 (a) and Rules 18 (b), 27 (a), and 28. Absent good cause, no such petition shall be filed unless relief has first been sought in the appropriate Court of Criminal Appeals. Original writs are rarely granted.

(2) The Court may, in its discretion, entertain a writ appeal petition to review a decision of a Court of Criminal Appeals on a petition for extraordinary relief. See Rules 18 (a)(4), 19 (e), 27 (b), and 28.

(c) Rules Not to Affect Jurisdiction. These Rules shall not be construed to extend or to limit the jurisdiction of the United States Court of Appeals for the Armed Forces as established by law.

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