CAAF United States v. Folts

Does the FY23 NDAA’s expansion of Article 66(b)(1)(A), UCMJ—granting a right of direct review to all general or special court-martial convictions “that include[] a finding of guilty,” regardless of sentence—applied to an accused whose court-martial had concluded before December 23, 2022 but whose case had not yet been submitted to a CCA or to TJAG under Article 69?

Judge Sparks, writing for a unanimous court, says AFCCA had jurisdiction to hear Folts's appeal.

Basically, Congress spoke clearly in § 544(d) of the FY23 NDAA about the only matters excluded from the new Article 66(b)(1)(A) regime—(1) cases already “submitted” to a CCA or (2) cases already “submitted” to TJAG under Article 69 before enactment. Because Folts had done neither by December 23, 2022, his notice of direct appeal by February 2023 fell within the amended statute. The AFCCA’s decision affirming the findings and sentence was therefore within its statutory power and is affirmed.