Court-Martial Appeals

 

  • What happens after the court-martial is over?
  • How does the appeals process work?
  • Appeals Process- Frequently Asked Questions and more below

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 …

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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. …

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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 …

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Reversal of Court-Martial Conviction Upheld on Appeal

I recently posted how the Army Court of Criminal Appeals had reversed my client’s child sexual abuse conviction in U.S. v. Swift.  In a rare move, the government appealed that decision to the Court of Appeals for the Armed Forces.  Yesterday, the CAAF agreed with us, and denied the government’s appeal.  This means my client …

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Air Force Captain's Child Molestation Charges Reversed on Appeal

I recently represented an Air Force captain, who was convicted of sexually molesting his two step daughters.  Unfortunately, this is a scenario all too often where allegations are brought against a service member in the midst of a divorce.  My client has steadfastly maintained his innocence, and there was no physical evidence to link him …

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Sexual Assault Charges Thrown Out on Appeal

I previously reported on how I successfully had a client’s conviction for rape of a child thrown out on appeal by the Navy-Marine Corps Court of Criminal Appeals.  As I reported in that post, my client still had several convictions on his record.   Now, two more of those convictions have been overturned on appeal, this …

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Rape Convictions Overturned on Appeal

Mr. Cassara recently represented a soldier who was convicted of two separate rapes and sentenced to seven years confinement and a dishonorable discharge. Mr. Cassara argued on appeal that the soldier had been denied a fair trial when the military judge ruled that the prior sexual activities of the two alleged victims were inadmissible at …

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Sexual Assault Conviction Overturned on Appeal

Mr. Cassara recently succeeded in having a client’s sexual assault conviction overturned on appeal.  SSG Daniel Gaskins was convicted at court-martial for sexual assault of a minor and sexual assault of a fellow service member.   He has steadfastly maintained his innocence.  He was originally sentenced to twelve years in prison.  Mr. Cassara succeeded in having …

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Court-Martial for Drug Use Reversed on Appeal

Mr. Cassara represented a Navy E-6 at trial on a single charge of use of cocaine. After a hard fought case, the panel convicted the sailor and reduced him one grade.  Mr. Cassara appealed that decision to the Office of the Judge Advocate General pursuant to Rule for Courts-Martial 69b.   That office forwarded the case …

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Reversal of all charges on appeal of sexual assault conviction

Mr. Cassara recently obtained the reversal of all charges for a soldier convicted of sexual molestation of his step-daughter.  The soldier was sentenced to 15 years in jail and a dishonorable discharge. However, after filing several briefs with the Army Court of Criminal Appeals, we were successful in getting all of the charges reversed.  This …

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