A court-martial conviction is not always final. You may be able to appeal your case through several military appellate courts, each with different powers to review legal errors, examine the record, or grant relief. Let’s explore how the appeals process works and how a court-martial appeals attorney can protect your rights.
A Conviction Is Not the End
A court-martial conviction can affect your career, benefits, and long-term opportunities. It is understandable to feel uncertain about what comes next, but a sentence does not always end the process. The military justice system provides several levels of review to correct legal errors or address unfair outcomes.
Appeals move on strict timelines, so it is essential to consult an attorney. Trust Court Martial Law to help you evaluate your options, meet the required deadlines, and form a strategy that supports your goals.
What It Means To Appeal a Court-Martial Conviction
An appeal is a request for a higher court to review what happened at trial. It is not a new trial with new evidence. Instead, appellate judges study the record to determine whether legal errors influenced the result or sentence.
It is also essential to understand the difference between post-trial submissions and the appellate process. After sentencing, you may submit written matters to the convening authority, although the authority’s ability to grant relief is limited. Judicial appeals begin after that stage and follow a structured path through several potential levels of review.
The First Level of Review: The Service Courts of Criminal Appeals
Each military branch has its own Court of Criminal Appeals. These courts serve as the first tier of appellate review:
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals
Some cases qualify for automatic review. Sentences that include a punitive discharge (dishonorable discharge, bad-conduct discharge, or dismissal) or confinement for more than one year automatically qualify for review. In other cases, the service member must file a timely appeal.
The CCAs have broad authority. They can affirm the conviction, reduce the sentence, modify the findings, or set the conviction aside. They may also order a rehearing. In some situations, they can review factual sufficiency, assessing whether the evidence supports the findings.
You will have appointed military appellate counsel, and you may also retain civilian counsel to support your case.
The Second Level of Review: The U.S. Court of Appeals for the Armed Forces
The next level of review is the United States Court of Appeals for the Armed Forces. CAAF is a civilian court that reviews cases from all branches of the military. It examines legal questions that influence fairness, consistency, and the proper application of the Uniform Code of Military Justice.
Not every case reaches CAAF. The court must review death penalty cases. A Judge Advocate General may certify a case for review. You may also petition the court, but you must show good cause for further review.
CAAF focuses on legal issues of broad importance, disagreements among the CCAs, and questions that may affect the military justice system as a whole. The court uses strict rules and deadlines. We help you prepare filings that meet those standards and present your issues clearly.
The Final Tier: Review By The United States Supreme Court
The United States Supreme Court forms the last tier of possible review. You may ask the Court to hear your case through a petition for certiorari. Recent changes in federal law expanded service members’ ability to petition even when the CAAF denies review.
Supreme Court review remains rare. The Court accepts a small number of petitions each year and focuses on significant federal questions. If your case raises an issue that may meet that standard, we will help you evaluate whether a petition is appropriate.
Issues That May Support an Appeal
Several types of errors can affect the fairness or legality of a court-martial conviction. Common issues include:
- Incorrect rulings on evidence
- Improper instructions to the panel
- Violations of constitutional rights or Article 31(b) warnings
- Insufficient evidence in cases where factual sufficiency review applies
- Sentencing errors
- Unlawful command influence
- Post-trial errors, including unreasonable delays
Not every issue results in relief, but we will review your record and identify the most substantial grounds for appeal.
Why Timing and Representation Matter
The appellate timeline in the military justice system moves quickly, and the rules leave little room for delay. Filing deadlines arrive soon after sentencing, and once they pass, your ability to seek review can be limited. At Court Martial Law, we take immediate action when you contact us. We assess your case, preserve your appellate rights, and make sure your filings meet every requirement.
We review the entire record, identify issues that support relief, and build arguments that comply with the appellate courts’ standards. We also coordinate with your appointed military appellate counsel to ensure your case receives focused, strategic attention. When your career, benefits, and future are at risk, we step in with the urgency your case deserves.
Protect Your Rights After a Court-Martial Conviction
A court-martial conviction carries serious consequences, but you still have options. The CCAs, CAAF, and the United States Supreme Court can correct errors and address problems that affected your trial. Trust Court Martial Law to review your conviction, explain your appellate path, and take the steps required to protect your rights. Reach out today for a case evaluation.