On an appeal against conviction or an application for leave to appeal against conviction, the Court Martial Appeal Court1 may direct the Criminal Cases Review Commission2 to investigate and report to the Court on any matter if it appears to the Court that: (1) in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined; (2) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be
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