TRIAL STAGES: Appeals: Reconsideration

2009 (September Term)

United States v. Smith, 68 M.J. 445 (after appellant sought reconsideration of the CCA’s decision affirming his conviction, the 60-day period for filing a petition for review at CAAF began on the date the defense was formally notified, under the provisions of Article 67(b), UCMJ, of the CCA’s decision on reconsideration; until the CCA rendered a decision on the reconsideration request, either by denying reconsideration or by granting reconsideration and rendering a new decision, there was no CCA decision for the CAAF to review). 


United States v. Campbell, 52 MJ 386 (on reconsideration) (issuance of reasoned opinions constitutes standard appellate practice, and clarification of the reasoning is an appropriate object of a petition for reconsideration, even if the issuing court does not agree with a party’s interpretation of the original opinion).

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