What if I find new evidence after my court-martial?

If you or your loved one was convicted at a court-martial, it does not mean the opportunity to defend yourself is over. What if about a year after your court-martial you discover new evidence that could lead to a new finding that you are not guilty? In this case, you may petition for a new trial under Article 73, UCMJ. Under Article 73, UCMJ, an accused who has newly discovered evidence may petition for a new trial within two years after the convening authority approved of his sentence. This Article also applies if fraud is discovered within the two years following the approval of the sentence. This means that an accused may have a brand new trial if this petition is granted. Recently, in Roberts v. United States, the accused petitioned for extraordinary relief based on evidence discovered after trial. In that case, the petitioner argued that he learned after being released from confinement that he was suffering from Post Traumatic Stress Disorder (PTSD), anxiety, depression and Gulf War Illness from exposure to nerve agents during service. Unfortunately, the petitioner in that case asked for relief past the two year deadline dictated by Article 73, UCMJ. Therefore, the Army Court of Criminal Appeals held that they lacked jurisdiction to hear his case. During your court-martial and after your court-martial it is imperative that you find an advocate with experience to handle your case. You need someone who understands deadlines and will meet them. I work hard for each of my clients and have a great deal of experience in defending clients during court-martials. I also have a great deal of experience with appeals and other petitions. Don’t leave your case to just anyone. Find experience. I have a great deal of experience with court-martials and court-martial appeals. 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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William E. Cassara- Military Law Attorney

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