What Are Court-Martial Appeals?

After a court-martial, service members have the right to appeal the decision if they believe there was an error in the trial process or if they were wrongfully convicted. The appeals process under the Uniform Code of Military Justice (UCMJ) ensures that convictions and sentences are thoroughly reviewed for fairness and accuracy.

 

The Appeals Process

1. Courts of Criminal Appeals (CCA)
    

   • Role: The first level of appeal in the military justice system.
      

   • Process: Each branch of the military has its own Court of Criminal Appeals (Army, Navy-Marine Corps, Air Force, and Coast Guard). The CCA reviews the case for legal errors, examines the sufficiency of the evidence, and may reassess the sentence. This review is automatic for certain serious cases, but others may need the accused to file an appeal.
      

   • Possible Outcomes: The CCA can uphold the conviction and sentence, reduce the sentence, overturn the conviction, or order a new trial.
      

2. Court of Appeals for the Armed Forces (CAAF)
    

   • Role: The next level of appeal after the CCA.
      

   • Process: The Court of Appeals for the Armed Forces is a civilian court that reviews cases from the CCAs. It is the highest court in the military system. The CAAF focuses on significant legal issues, such as interpretations of the UCMJ or constitutional matters. Unlike the CCA, the CAAF does not automatically review every case; it only takes cases that meet certain criteria.
      

   • Possible Outcomes: The CAAF can affirm the lower court's decision, reverse the conviction, modify the sentence, or remand the case for further proceedings.
      

3. Supreme Court of the United States (SCOTUS)
    

   • Role: The highest level of appeal in the federal judiciary.
      

   • Process: After a case is reviewed by the CAAF, the service member can petition the Supreme Court of the United States. However, the Supreme Court accepts very few military cases for review, and it generally focuses on cases that have significant legal or constitutional implications. Historically, the Supreme Court only accepts a military case approximately once every decade or so.
      

   • Possible Outcomes: The Supreme Court can uphold the military courts' decisions, reverse the decision, or remand the case back to a lower court for further action.

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Why Appeals Are Important

Appealing a court-martial decision is a critical step for service members who believe there was a mistake in his or her trial. The appeals process provides an opportunity to challenge errors that could have impacted the outcome of the case.

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Experience Matters

As a former law clerk in the military's highest appellate court, I have represented over 40 clients before the Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces. Whether I start your case on appeal, or have fought by your side during the court-martial, I bring this experience to every case.

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If you or someone you know is considering an appeal, or is facing a potential court-martial, it’s crucial to act quickly and--most importantly--seek out a lawyer with experience in BOTH courts-martial AND courts-martial appeals.