Court Martial Appeals Blog
This is a blog focusing on Court Martial Appeals Issues.
Military Appellate Law: Robust and Unique Protections for Servicemembers (Part II)
In part I of this blog series on military appellate law, I discussed how the two-tiered appellate system works and how it provides unique protections for servicemembers appealing their court-martial results. In part I, I also explained that servicemembers can raise unique issues on appeal. The unique appellate issue I will discuss in this part … Read more
Military Appellate Law: Robust and Unique Protections for Servicemembers (Part I)
There used to be a day long ago where military justice was fast and furious. Servicemembers accused of crimes might have found themselves going from accusation to conviction quickly with almost no chance to present their case. Military justice has changed drastically for the better. The Uniform Code of Military Justice now offers an extraordinary … Read more
Court-Martial conviction overturned on appeal
I recently represented a Coast Guardsman who was convicted of sexual abuse of a child and a general disorder for making a statement to a child that was of a nature to bring discredit upon the armed forces. Two days prior to the court-martial, the alleged minor victim completely changed his story from the conduct alleged … Read more
What happens after the court-martial is over?
At the conclusion of the court-martial, the convening authority (usually the base commander) has the authority to either approve or disapprove the conviction and the sentence, either in whole or in part. This is commonly referred to as the clemency process of “1105 submission.” This is due to the fact that the authority to ask … Read more
How does the appellate process work?
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
Appeals Process- Frequently Asked Questions
How long will it take to get my case heard? There is no clear answer to this. In some cases, it can take years before all of the appeals are over. What else might happen? In some cases, the court can order a “DuBay” hearing, in order to gather more facts about the issues raised … Read more
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