If you or your loved one is dissatisfied by a decision at one of the service court of criminal appeals (CCA), there are more options. An appellant can request that the CCA reconsider their decision. Additionally, an appellant can petition the Court of Appeals for the Armed Forces (CAAF) to review the decision of the CCA. However, don’t delay because there are time restrictions. An appellant must ask for reconsideration from the CCA within 30 days of the decision. An appellant must ask for review by CAAF within 60 days of the CCA’s decision or reconsideration decision. If you miss these deadlines, it is probable that the CCA or CAAF will refuse to review the case due to a lack of jurisdiction. Recently, CAAF ruled with a heavy hand regarding these time limits in an Air Force case called United States v. LaBella. In this case, the appellant was convicted of possessing child pornography and among other punishments was sentenced to six months confinement. The Air Force Court of Criminal Appeals (AFCCA) completed two reviews of appellant’s case and affirmed the conviction and sentence. The appellant’s detailed military counsel filed a petition for reconsideration with the AFCCA after the 30 day time period had passed and after the 60 day opportunity to apply to CAAF had passed. AFCCA granted the petition despite its tardiness, but granted the appellant no relief. CAAF then reviewed the case and determined that AFCCA was wrong to grant the petition and did not have jurisdiction over the case due to the deadline passing. CAAF found that because the appellant failed to file for reconsideration with AFCCA within 30 days of their decision and also failed to file with CAAF for review within 60 days, the case became final. For these reasons, if you or a loved one is dissatisfied with his court-martial results or his appeal, don’t wait to get an attorney with experience to assist. You need to act now. Call me and I can help. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
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June 25, 2020
Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son
June 15, 2020
Great result for Army CW3 who received a GOMOR
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