How Do Court-Martial Appeals Work?

Your Rights in Military Court-Martial Appeals

When a servicemember goes through a military court-martial, it is important to know that they have certain rights to appeal once a sentence is given. These rights depend on the type of sentence received. If a servicemember is sentenced to a dismissal, a bad conduct discharge, a dishonorable discharge, or confinement for two years or more, their case will automatically be appealed to their service's Court of Criminal Appeals.

If the sentence is less severe, without a discharge and with less than two years of confinement, servicemembers can still appeal to the Court of Criminal Appeals. However, they must act quickly and file their appeal within 90 days to ensure their case is considered.

The Appeal Process

For all servicemembers, the appeal to the Court of Criminal Appeals needs to be carefully prepared, highlighting all mistakes made during the trial. After the brief is submitted, the Government will review it and respond. The servicemember then has the chance to reply to the Government's response. The Court will review the trial record and the briefs submitted. Sometimes, the Court may even allow oral arguments, where attorneys from both sides can present their cases in person. Typically, it takes about six months to a year for the Courts to make a decision.

Escalating Your Appeal

If a servicemember is not happy with the decision from the Court of Criminal Appeals, they can ask the Court of Appeals for the Armed Forces to review their case. However, this Court does not have to hear the appeal. Therefore, the servicemember must also submit a supplemental brief explaining why their case should be reconsidered. If the petition is accepted, the appeal process continues with the same steps: filing a brief, receiving the Government's response, and submitting a reply. The Court of Appeals for the Armed Forces usually hears oral arguments in most cases they review and typically makes decisions a few months after these arguments.

Final Steps: The Supreme Court

If the servicemember still wants to appeal further, their last option is the Supreme Court of the United States. Like the Court of Appeals for the Armed Forces, the Supreme Court can choose not to hear the appeal. Thus, the servicemember must petition the Court to request a review of their case.

The Importance of a Strong Initial Brief

The most important part of the appeal process is the initial brief submitted to the service Court of Criminal Appeals. If any mistakes or issues are missed at this stage, they usually cannot be brought up in higher courts. This highlights the need for a skilled appellate attorney who understands the law and has experience with similar cases. If you have been convicted at court-martial and need a knowledgeable appellate attorney to support you, give me a call at (760) 239-7294!