Can I appeal a Court-Martial conviction?
The Short Answer: Yes, and it might be Automatic.
The fight is not over when the gavel drops.
Under the Uniform Code of Military Justice (UCMJ), you have robust appellate rights. If you received a Punitive Discharge (Bad Conduct or Dishonorable) or were sentenced to confinement of one year or more, your case is automatically appealed to the Court of Criminal Appeals for your specific branch (Army, Navy-Marine Corps, Air Force, or Coast Guard).
Even if your sentence was lighter, you still have the right to petition the Judge Advocate General for a review under Article 69.
Clemency vs. Appeal: Know the Difference
Many clients confuse “Clemency” with “Appeal.” They are two separate battles.
- Clemency (The “Mercy” Phase): This happens right after the trial. We submit a package to the Convening Authority (the General) asking to reduce your sentence or suspend your discharge. This is based on your character, family hardship, and service record.
- Appeal (The “Legal” Phase): This happens months later. We argue to a higher court that legal errors occurred during your trial. We look for judge misconduct, prosecutor misconduct, or Ineffective Assistance of Counsel (your previous lawyer messed up).
The Data: Why You Need an Appellate Expert
Appellate courts are not looking to “help” you; they are looking to uphold the system. Statistics show that the vast majority of military appeals are denied unless specific legal errors are identified.
Gonzalez & Waddington does not rely on the standard government appellate lawyers who are often overworked. We comb through the thousands of pages of your trial transcript to find the “needle in the haystack” error that can overturn your conviction.
The Stages of a Military Appeal
Understanding where your case sits in the pipeline is crucial for strategy.
| Stage | Authority | What Happens? |
|---|---|---|
| 1. Clemency | Convening Authority | Request for sentence reduction before the conviction is final. |
| 2. Service Court | ACCA / AFCCA / NMCCA / CGCCA | Automatic Review for severe sentences. They check for factual and legal errors. |
| 3. CAAF | Court of Appeals for the Armed Forces | The highest military court. They only hear cases they select (discretionary). |
| 4. SCOTUS | U.S. Supreme Court | Rare, but possible for constitutional issues. |
Frequently Asked Questions (FAQ)
Q: My trial lawyer said I don’t have grounds for appeal. Is that true?
A: Not necessarily. Trial lawyers are trained to fight in the courtroom, not to analyze transcripts for appellate errors. Additionally, your trial lawyer might have been the problem. They are unlikely to admit, “I made a mistake that cost you the case.” You need a second opinion.
Q: How long does an appeal take?
A: It is a slow process. A typical automatic appeal can take anywhere from 12 to 24 months. During this time, you may be on “Appellate Leave” (unpaid) or serving your confinement.
Q: Can I get my pay back if I win?
A: Yes. If we successfully overturn your conviction, you are entitled to all back pay and allowances that were forfeited, and your rank is restored. It is as if the trial never happened.
We Read Every Line of the Transcript.
A single objection missed by your trial lawyer could be the key to your freedom.
Gonzalez & Waddington handles appeals aggressively. We don’t just file the paperwork; we fight to get your life back.
