Military Defense Law Offices
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Court-Martial Appeal

If a military member is convicted and sentenced in a General Court-Martial or Special Court-Martial trial, and after the post-trial clemency process is completed, the military member still has post-trial appeal opportunities. 

Depending upon the length of the court-martial sentence, the military member can either appeal to the Judge Advocate General (TJAG) of his/her service branch or the military branch appellate court.  The following appellate courts review military courts-martial:

– The Army Court of Criminal Appeals (ACCA)(www.jagcnet.army.mil/acca)
– The Air Force Court of Criminal Appeals (AFCCA)( http://afcca.law.af.mil/)
– The Navy-Marine Court of Criminal Appeals (NMCCA)(http://www.jag.navy.mil/nmcca.htm)
– Coast Guard Court of Criminal Appeals (CGCCA)(http://www.uscg.mil/legal/cca/court_of_criminal_appeals.asp)
– United States Court of Appeals for the Armed Forces (CAAF)( http://www.armfor.uscourts.gov/newcaaf/home.htm)
– United States Supreme Court (http://www.supremecourt.gov/)

These appellate courts review the court-martial for legal error, factual sufficiency, and appropriateness of sentence.  The following post-trial rules govern the court-martial appeal process:

Manual for Courts-Martial (MCM) Chapter XII:  Appeals and Review
RCM 1201:  Action by the Judge Advocate General
RCM 1202:  Appellate Counsel
RCM 1203:  Review by a Court of Criminal Appeals
RCM 1204:  Review by the Court of Appeals for the Armed Forces
RCM 1205:  Review by the Supreme Court
RCM 1206:  Powers and Responsibilities of the Secretary
RCM 1207:  Sentences Requiring Approval by the President
RCM 1208:  Restoration
RCM 1209:  Finality of Courts-Martial
RCM 1210:  New Trial
UCMJ Article 62:  Appeal by the United States
UCMJ Article 63:  Rehearings
UCMJ Article 64:  Review by a Judge Advocate
UCMJ Article 65:  Disposition of Records
UCMJ Article 66:  Review by Court of Criminal Appeals
UCMJ Article 67:  Review by the Court of Appeals for the Armed Forces
UCMJ Article 68:  Branch Offices
UCMJ Article 69:  Review in the Office of the Judge Advocate General
UCMJ Article 70:  Appellate Counsel
UCMJ Article 71:  Execution of Sentence; Suspension of Sentence
UCMJ Article 72:  Vacation of Suspension
UCMJ Article 73:  Petition for a New Trial
UCMJ Article 74:  Remission and Suspension
UCMJ Article 75:  Restoration
UCMJ Article 76:  Finality of Proceedings, Findings, and Sentences

Although a military member may have been convicted and sentenced in a court-martial trial, and the conviction and sentence may have been approved by the court-martial Convening Authority in the post-trial clemency process, there are still opportunities for relief and/or appeal.  A court-martial conviction and sentence can have devastating legal, professional, personal and family consequences.  Experienced and aggressive defense representation is crucial in the post-trial appeal phase of a military court-martial trial.

Defending military members in court-martial trials, court-martial clemency and court-martial appeal is what civilian court-martial defense lawyers Richard V. Stevens and Frank J. Spinner do.  The only type of law they handle is military law.  Mr. Stevens and Mr. Spinner are civilian criminal defense attorneys and former military JAG lawyers who exclusively defend military members stationed around the world who are facing military trials, discipline and investigations.

Attorney Frank J. Spinner is one of the most well known civilian appellate lawyers practicing before the military appellate courts.  Before retiring from active duty as a JAG attorney, Frank Spinner served two tours with the Appellate Defense Division; one tour as Chief Appellate Defense Counsel.  He specializes in military court-martial appeals.

If you’re facing military court-martial allegations, post-trial processing, or court-martial appeal, don’t hesitate to seek the legal help you’re going to need.  For a free initial case consultation, please contact us.