Rule 23. Mandatory Review Case
(a)
The record in a mandatory review case under Rule
18
(a)(3) will be filed, together with the following form:
10AR23.eps
to the judges of the united states court of appeals for the armed forces:
1. The appellant, having an approved sentence to death, is entitled to mandatory review under Article 67(a)(1) of Uniform Code of Military Justice, 10 USC § 867
(a)(1) (1989).
2. The appellant was notified of the decision of the Court of Criminal Appeals on (insert notification date).
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The Judge Advocate General
Received a copy of the foregoing this XXXX day of XXXX, 19XX.
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Appellate Government Counsel
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Address and telephone no.
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Appellate Defense Counsel
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Address and telephone no.
(b)
In a mandatory review case, a brief setting forth assigned errors shall be filed by the appellant in accordance with Rule
24 no later than 60 days after the issuance by the Clerk of a notice of docketing of the case. Such brief shall not incorporate by reference that filed before a Court of Criminal Appeals, the convening authority, or the military judge. An appellee’s answer shall be filed no later than 60 days after the filing of the assignment of errors and supporting brief. A reply may be filed by the appellant no later than 20 days after the filing of the appellee’s answer.