Forrest v. United States

A proceeding for a certificate of innocence is civil in nature. United States v. Brunner, 200 F.2d 276 (6th Cir. 1952). Its purpose is to establish, not just that the accused was acquitted of a criminal charge because there was reasonable doubt of his guilt, but that, in fact, he did not “commit any of the acts charged,” or his acts “constituted no offense.” 28 U.S.C. § 2513(a)(2). The statute creating the proceeding may, indeed, apply to a Court of Military Review as the Army court held, but it does not follow that an appeal from a determination of that court lies to this Court.

The Court of…