Coast Guard Court of Criminal Appeals
A Court of Criminal Appeals, established under Article 66, UCMJ, by the Judge Advocate General, is composed of the Chief Judge and not less than two additional appellate military judges. The judges may be commissioned officers or civilians. The Coast Guard Court of Criminal Appeals is composed of several appellate judges organized in panels of three for consideration of cases. All but the Chief Judge and one other judge have other primary duties, so that their service on the Court constitutes a collateral duty.
If a court-martial trial results in a conviction, and if the sentence includes death, a punitive discharge (bad-conduct discharge or dishonorable discharge), dismissal, or confinement for two years or more, the case is automatically reviewed by the CGCCA (unless waived by the appellant) pursuant to Article 66(b)(3), UCMJ. The CGCCA must review each case for legal sufficiency, factual sufficiency, and sentence appropriateness.
The Court also reviews appeals filed by an accused upon any finding of guilty at a special or general court-martial pursuant to Article 66(b)(1), interlocutory government appeals pursuant to Article 62, interlocutory petitions by a crime victim pursuant to Article 6b(e), other petitions for extraordinary relief filed under 28 U.S.C. § 1651), certain cases pursuant to Article 69, and Petitions for New Trial filed under Article 73.
The Court has the statutory authority to determine whether the findings of guilty and the sentence are correct in law and fact for all courts-martial reviewed under Article 66, UCMJ and to take corrective action if error has occurred. Such action includes setting aside or modifying the findings and the sentence, ordering a rehearing, and dismissing charges and specifications. Unless reversed by a higher court, such action is binding on all parties, including all officials of the United States. The court’s published opinions are binding precedent for the conduct of courts-martial in the Coast Guard.
The Court is currently constituted as follows:
Chief Judge Lane I. McClelland
Judge John F. Havranek
Judge Brian M. Judge
Judge Kurt J. Brubaker
Judge Scott C. Herman
Judge Steven C. Mannion
Judge Herbert Claiborne Pell
Judge Vasilios Tasikas
Judge Brandy Parker
Clerk of the Court: Sarah P. Valdes
Email Address: HQS-DG-CG-094C-CLERK@uscg.mil
The Courtroom, Clerk of the Court’s Office, and Chambers of the Chief Judge are located at:
1254 Charles Morris St. SE
Washington Navy Yard, DC 20374