Notice Concerning Post-Trial and Appellate Rights. RCM 1010

Before the adjournment of any general and special court-martial, the MJ shall ensure that the DC has informed the accused orally and in writing of:

The right to submit post-trial matters to the CA;

The right to appellate review, as applicable, and the effect of waiver or withdrawal of such rights;

The right to apply for relief from TJAG if the case is neither reviewed by a Court of Criminal Appeals nor reviewed by TJAG  under RCM 1201(b)(1); and,

The right to the advice and assistance of counsel in the exercise or waiver of the foregoing rights.

The written advice to the accused concerning post-trial and appellate rights shall be signed by the accused and DC and inserted in the record as an appellate exhibit. Absent a post-trial Article 39(a) session, the written advice will usually be the last Appellate Exhibit (AE) in the record of trial.

The Military Judge should:

Examine the form submitted by the defense counsel and used to advise the client.

Confirm on whom the record of trial is to be served – the accused or counsel. If more than one defense counsel is on the case, she should determine, on the record, who is responsible for post-trial matters.

See also amendments to Joint Service Comm. on Military Justice the Military Judges’ Benchbook, DA Pam 27-9, paras. 2-4-2 and 2-6-14 (1 Jan. 2010).

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