55-445. Review of cases; procedure.

(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, the appellate court may grant a review of the record. The appellate court shall act upon such petition within ninety days from receipt thereof.

(2) Upon filing the petition in the appellate court, the accused shall on the same date file a notice of his or her intention to appeal with the Court of Military Review, and the Court of Military Review shall within fifteen days forward the complete transcript of the case to the appellate court.

(3) In any case reviewed by it, the appellate court may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case reviewed upon the petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The appellate court shall take action only with respect to matters of law.

(4) If the appellate court sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(5) After it has acted on a case, the appellate court may direct the State Judge Advocate to return the record to the Court of Military Review for further review in accordance with the decision of the appellate court. Otherwise, unless there is to be further action by the Governor, the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the appellate court has ordered a rehearing but the convening authority finds a rehearing impracticable, the State Judge Advocate may dismiss the charges.

Source:Laws 1969, c. 458, § 45, p. 1572; Laws 1991, LB 732, § 119; Laws 1992, LB 360, § 30.