Overview of post-trial processes:
- Action by the Judge Advocate General. Articles 66 and 69, UCMJ; RCM 1201
- Action on findings not required but permissible
- Additional TC duties
- Assertions of Ineffective Assistance of Counsel
- Authentication by MJ or judges in GCM or SPCM with adjudged BCD
- Cases reviewed by TJAG (Article 69(a))
- Defense Counsel Submissions
- Duties of Counsel. Article 38, UCMJ; RCM 502(d)(5)-(6); RCM 1103(b)(1)
- Effectiveness of counsel in the post-trial area
- Errors in the recommendation
- Finality of Courts-Martial. RCM 1209
- How verbatim is verbatim? No substantial omissions
- If confinement is ordered executed
- Notice Concerning Post-Trial and Appellate Rights. RCM 1010
- Petition for a New Trial. Article 73, UCMJ; RCM 1210
- Post-Trial Processes. Cases
- Post-Trial Processes. Form and content
- Post-Trial Sessions. Article 39, UCMJ; RCM 905, 1102
- Powers and Responsibilities of the Secretary. RCM 1206
- Preparation of Record of Trial
- RCM 502(d)(5), discussion, para. (F), addresses the trial counsel’s (TC’s) post-trial duties
- RCM 502(d)(6), discussion, para. (E) addresses the defense counsel’s (DC’s) post-trial duties.
- Release for Confinement Pendente Lite
- Review by a Judge Advocate. Article 64, UCMJ; RCM 1112
- Review by the Supreme Court. Article 67a, UCMJ; RCM 1205
- Sentence Credits
- Sentences Requiring Approval by the President. RCM 1207
- Summary of the Process
- TC shall cause a copy of ROT to be served on the accused after authentication
- The accused’s right to submit matters for the CA’s consideration after sentencing
- Time periods
- Vacation of Suspension of Sentence. Article 72, UCMJ; RCM 1109
- What if an error is discovered after action is taken?
- What to do if the authenticated ROT is lost?