The Path to Appealing a Court-Martial – Part III

Posted by: William Cassara On: March 23rd, 2012

If the court-martial conviction is affirmed by the service court, the appellant may request review by the Court of Appeals for the Armed Forces and, ultimately, the U.S. Supreme Court. It should be noted that review by these high courts is discretionary.

The Court of Appeals for the Armed Forces (CAAF) is made up of five civilian judges, appointed by the President and confirmed by Congress. These judges serve for a term of no more than 15 years. CAAF is responsible for overseeing the military justice system. In all but capital punishment cases, which it reviews automatically, and cases certified by the TJAG, CAAF chooses its cases from petitions for review.

Finally, service members with a court-martial conviction may petition the U.S. Supreme Court to review of their case. CAAF decisions are subject to examination by the U.S. Supreme Court by writ of certiorari (an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review). The accused service member has a right, without cost, to the services of a military appellate defense counsel at all levels of the appeals process, including review by the U.S. Supreme Court.

If you have been convicted at court martial and need a court martial attorney contact Mr. Cassara for a free consultation.

Location : Blog