Courts Martial Appeals

Automatic Review and The Article 69 Process. If there is an approved sentence which includes a sentence of death, a punitive discharge (Bad Conduct Discharge or Dishonorable Discharge for enlisted personnel; Dismissal for officers), or confinement for one year or more, the Courts of Criminal Appeals of the accused’s branch of service will automatically review the case. The accused can waive this automatic review in all cases, except death penalty cases. An accused who waives his appellate rights will still have his case reviewed, pursuant to Article 69 of the Uniform Code of Military Justice, by the service Judge Advocate General for legal errors and possible referral to the appellate courts.

Right to Counsel. The military accused has a right, without cost, to the services of a military appellate defense counsel at all appellate review levels, including review by the Supreme Court. The military accused also has the right to hire a civilian attorney to represent the accused at all appellate review levels. If the military accused chooses to hire a civilian attorney to represent them at the appellate level, the military accused may still keep the services of the military appellate defense counsel, without cost.

Do not waive this right and do not count on the system to protect your appellate rights.
The Law Offices of James Culp and Timothy Litka are experienced at reviewing records of trial and aggressively fighting your case in the military appellate courts.

Possible Appellate Issues

They are pleased to share some of the possible issues they looks for in the record of trial.
These issues are for informational purposes only and may or may not apply to your case;

Was your guilty plea conclusory?
Was your sentence inappropriately severe?
Did the military judge commit error?
Are you entitled to credit because the government violated Rules for Courts-Martial 305?
Were you subjected to an unreasonable multiplication of charges?
Was there sufficient evidence to convict you?
Did the military judge abuse his/her discretion?
Did the military judge use the correct reasoning when a panel/jury member was excused?
Did the government violate Brady v. Maryland?
Are you entitled to UCMJ Article 13 credit?