Appealing a Court-Martial Conviction: When the Fight Isn’t Over

Facing a court-martial conviction can be a deeply unsettling experience. Military Law Center understands the importance of a fair trial and your right to appeal. This article provides a basic overview of the court-martial appeals process and the importance of experienced legal representation.

A court-martial appeal allows you to challenge the outcome of your court-martial trial. There are three types of court-martial: summary, special, and general. Each type has its own set of rules and procedures, and appeal rights may differ slightly depending on the court-martial you faced.

The military justice system operates under the Uniform Code of Military Justice (UCMJ), a separate legal code from civilian law. Appeals are heard by specialized Military Courts of Criminal Appeals, which differ from civilian courts. Each military department has its own court and certified judge advocates sit on the bench as appellate military judges. An experienced appellate military defense attorney is crucial to navigate the complexities of the military justice system and ensure your rights are protected throughout the appeals process.

There are several grounds for appealing a court-martial conviction. These include:

• Errors in Trial Procedure:
  This refers to mistakes made by the military judge during the trial. Examples include improper admission of evidence, faulty jury instructions, or misconduct by the prosecution or judge.
• Factual Sufficiency:
  An appeal can argue that the prosecution failed to present enough evidence to convict you beyond a reasonable doubt. Most civilian courts of appeal are limited to reviewing the law.  However, military appellate courts can rule against the trial judge and overturn a conviction based on insufficient facts.

The appeals process can be complex, but here’s a general breakdown:

• Initial Review by Convening Authority:
  After your trial, the convening authority, typically a high-ranking officer, will review the case and decide whether to approve the sentence. Your trial defense attorney can submit arguments during this review and ask for clemency.
• Military Courts of Criminal Appeals:
  Each branch of the military has its own Court of Criminal Appeals, which will review your case if you file an appeal.  In an appeal, the appellant is required to identify assignments of error.  The assignments of error are the legal or factual challenges the appellant would like the appellate court to consider.  Appellate counsel will file a brief and may ask to make an oral argument on your behalf.  If the military court of criminal appeals affirms your case, the next level of review is at the U.S. Court of Appeals for the Armed Forces (C.A.A.F).
• Board of Correction of Military Records (BCMR):
  The BCMR is another avenue for relief after a court-martial conviction. They can review your case even after the appeals process is complete.  Often BCMR petitions focus on requesting clemency.

Military law is complex, and an attorney specializing in court-martial appeals is essential. Military Law Center has a team of dedicated lawyers with extensive experience in military law. We offer:

• Experienced Military Defense Attorneys:
  Our lawyers have a deep understanding of the UCMJ and military justice procedures.  Attorney Kevin M. Courtney clerked with the Navy-Marine Corps Court of Criminal Appeals in 2018 and has seen appellate judges analyze cases on appeal.
• Personalized Attention & Aggressive Representation:
  We are committed to understanding your unique situation and goals. We will develop a strong appeal strategy tailored to your case and fight relentlessly for the best possible outcome.
• Free Consultation:
  We offer a free consultation to discuss your case and explore your appeal options.

Contact Us Today: Don’t Wait to Fight for Your Future

Living with a court-martial conviction is a serious matter. Don’t wait to seek legal help. Contact Military Law Center today for a free consultation on your court martial appeal. We understand the challenges you face and are dedicated to fighting for the justice you deserve.

Military Law Center Is Ready to Help You – Right Now.

Call Us Today – (760) 536-9038