Could my conviction be reversed because the military judge in the court-martial erred in his instructions to the panel members?
Yes it happens. In fact recently, the Court of Appeals for the Armed Forces (CAAF) has ruled that there have been errors in the military judge’s instructions in seven different court-martials this term. Not all the convictions in those cases have been reversed, but some have. Last Thursday, CAAF decided that they will review another possible instructional error in the case U.S. v. Wagner. In this case, the military judge may have failed to instruct the court-martial panel regarding lesser included offenses of Aggravated Sexual Assault. You may not even know that a military judge made an error in the instructions to the panel during your court-martial. However, I have the experience to know if this occurred. If you are interested in appealing your court-martial, you need someone with a lot of experience. You also need someone who is well-versed on the appellate courts and their recent rulings. I am extremely experienced with court-martials and appeals. Additionally, I always keep informed of the latest military appellate court rulings. Call me now and I will let you know if you have a possibly valid court-martial appeal. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.