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What to do if the authenticated ROT is lost? Produce a new ROT for authentication

Militarycourtmartial347 Gonzalez &Amp; Waddington - Attorneys At Law

  1. United States v. Garcia , 37 M.J. 621 (A.C.M.R. 1993). Holding that SJA-preparedcertification that all allied documents were true copies of originals was sufficient substitute for original documents.
  2. United States v. Godbee , 67 M.J. 532 (N-M. Ct. Crim. App. 2008). The originalROT was lost. The copy of the ROT submitted for appellate review was internally consistent and contained all numbered pages and exhibits. The ROT also contained a copy of the authentication page signed by the military judge. As a result, the NMCCA applies a presumption of regularity to its creation, authentication, and distribution. Harmless error.
  • Rules for correcting an authenticated ROT. Certificate of correction process. Correction tomake the ROT conform to the actual proceedings. RCM 1104(d).
  • The authenticated ROT will be forwarded to the CA for action or referred to the SJA for arecommendation before such action. SJA recommendation required prior to taking action in a GCM or SPCM in which a punitive discharge or confinement for one year was adjudged. RCM 1106(a).
  • If defense time for errata is unreasonable, MJ can authenticate without errata. RCM1103(i)(1)(B).

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