You will be contacted by an attorney from the Defense Appellate Division for your service. If you are in confinement, the counselors can advise you as to how to contact that attorney. You should consider whether you want to retain a civilian attorney to represent you. Every case is different, and some lawyers are more … Read more
William Cassara
Courts of Criminal Appeals or the Court of Appeals for the Armed Forces can overturn a court-martial conviction in whole or in part. They can dismiss some or all of the charges. They can order a re-hearing, or “re-assess” the sentence of a trial court. An attorney with experience in court-martial appeals can best advise … Read more
In some cases, the court can order a “DuBay” hearing, in order to gather more facts about the issues raised on appeal. Or, the court can take action on your case without the filing of briefs or the hearing of oral argument.
There is no clear answer to this. In some cases, it can take years before all of the appeals are over.
Your appellate lawyer, whether it be an active duty JAG or a civilian attorney, is responsible for preparing a “brief” or written pleading, to present to the Court of Criminal Appeals. This is done by carefully reading the record of trial, or transcript, and identifying legal issues that may result in relief for the client. … Read more
Contact your base defense counsel. In the Army, it is the Trial Defense Service. In the Air Force, it is the Area Defense Counsel. In the Navy it is the Legal Services Office. Do not speak to anyone except your attorney about the substance of your case. In particular, do not speak to co-workers, military … Read more
The differences are numerous. The military requires an Article 32 investigation, in which the accused is present, and his or her counsel may ask questions of the witnesses. In addition, at a court-martial, the verdict does not have to be unanimous (except in order to impose the death penalty) and the “convening authority” (usually the … Read more
A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. In capitol cases, there must be at least twelve members on the court. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. … Read more
A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also … Read more
Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who is not required to be an attorney or judge. It is frequently a line officer from within the command. The maximum punishment a summary court-martial may impose is considerably … Read more