Accused can submit anything, but the CA need only consider written submissions. See RCM1105.

  1. The material may be anything that may reasonably tend to affect the CA’s action,including legal issues, excluded evidence, previously unavailable mitigation evidence, and clemency recommendations. See United States v. Davis , 33 M.J. 13 (C.M.A. 1991).
  2. Query: How much must he “consider” it? Read it entirely? Trust SJA’s(realistically COJ’s or TC’s) summary? As DCs, what are your options here? DC should provide a complete summary of the accused’s RCM 1105 matters – highlight for the CA the key documents/submissions.

False Accusations of Sexual Assault in the Military & Why Are They So Common?

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