Types of post-trial sessions

  1. Proceedings in revision. “[T]o correct an apparent error, omission, or improper orinconsistent action by the court-martial which can be rectified by reopening the proceeding without material prejudice to the accused.” RCM 1102(b)(1).
  2. Article 39(a) sessions. “[To inquire] into, and, when appropriate, [resolve] anymatter which arises after trial and which substantially affects the legal sufficiency of any findings of guilty or the sentence. The military judge may also call an Article 39(a) session, upon motion of either party or sua sponte , to reconsider any trial ruling that substantially affects the legal sufficiency of any findings of guilty or the sentence.” RCM 1102(b)(2). “The military judge shall take such action as may be appropriateincluding appropriate instructions when members are present. The members may deliberate in closed session, if necessary, to determine what corrective action, if any, to take.” RCM 1102(e)(2); United States v. Jackson , 34 M.J. 1145 (A.C.M.R. 1992).

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