Like the civilian criminal justice system, the military justice system recognizes that errors may occur during courts-martial that jeopardize servicemembers’ civil and constitutional rights or result in wrongful convictions. Thus, servicemembers convicted of offenses through courts-martial may challenge their convictions through direct appeals or petitions for post-conviction relief. But how do the various options available to convicted servicemembers differ?
Understanding Direct Appeals
After a conviction in a court-martial where the court made legal errors that violated the servicemember’s rights and affected the outcome of the proceedings, a servicemember may pursue a direct appeal of their conviction. A direct appeal does not mean a servicemember gets to retry their case. Instead, a servicemember must demonstrate that legal errors during the court-martial proceedings violated their rights and prejudiced the outcome of the case.
In the military justice system, a servicemember can appeal a conviction in a special or general court-martial to the court of appeals for the servicemember’s service branch. The service branch court of appeals must hear a servicemember’s appeal if they received a sentence that included confinement, dishonorable discharge, dismissal from service, or the death penalty. The court of appeals can choose whether to hear an appeal for lighter sentences.
If the service branch’s court of appeals upholds a servicemember’s conviction, the servicemember may further appeal to the Court of Appeals for the Armed Forces. Should the Court of Appeals for the Armed Forces also uphold the conviction, the servicemember can petition the U.S. Supreme Court for a writ of certiorari under limited circumstances.
What Is Post-Conviction Relief
A servicemember may have other avenues to challenge their conviction beyond a direct appeal. These options fall under the umbrella of “post-conviction relief.” Post-conviction relief can address errors or issues with the court-martial that the servicemember could not raise on direct appeal, such as:
- Newly discovered evidence of innocence that came to light after the court-martial and direct appeal
- Ineffective assistance of trial or direct appellate counsel
- Challenges to the legality of a conviction or sentence
A servicemember may seek post-conviction relief from a conviction in a court-martial by filing a writ of habeas corpus in civilian federal court. Alternatively, a servicemember may file a writ of error coram nobis with the court-martial that convicted them.
Differences Between Direct Appeals and Post-Conviction Relief Under the Military Justice System
Direct appeals and post-conviction relief have several notable differences from one another, including:
- Purpose – A direct appeal seeks to correct errors that may have been made by the trial court during the court-martial proceedings, such as erroneous evidentiary rulings, improper jury instructions, or miscalculations of sentences. Conversely, post-conviction relief proceedings typically involve constitutional issues, such as the deprivation of effective legal counsel, or claims of new exculpatory evidence.
- Timing – Service Members must file a notice of a direct appeal within a few days of their conviction and sentencing. Post-conviction relief proceedings usually occur after a servicemember has exhausted their direct appellate rights. However, procedural rules can place deadlines for when service members must pursue post-conviction relief after discovering their claims to relief.
- Reviewing Court – Direct appeals proceed through the military justice system; in rare cases, the U.S. Supreme Court may hear a discretionary appeal of a military conviction. Conversely, servicemembers may pursue post-conviction relief either in military courts or civilian federal courts.
Contact a Military Lawyer Today to Discuss Your Options
After getting convicted by a court-martial for violations of the Uniform Code of Military Justice, you may have the opportunity to challenge your conviction through a direct appeal or post-conviction relief. Contact Court Martial Law Division – A Division of Aviso Law LLC today for a confidential consultation with a military lawyer to discuss your legal options after a conviction.
