Gonzalez & Waddington – Attorneys at Law

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Prepare Report of Result of Trial. “Promptly provide written notice of the findings and sentence adjudged to the convening authority or a designee, the accused’s immediate commander, and (if applicable) the officer in charge of the confinement facility.”

Supervise preparation, authentication and distribution of the ROT. RCM 1103(b)(1).

Review ROT for errata. United States v. Ayers , 54 M.J. 85 (C.A.A.F. 2000). On appeal, appellant alleged that the ROT was not truly authenticated since the assistant trial counsel (ATC) executed the authentication. The ATC signed the authentication document that stated, “I have examined the record of trial in the forgoing case.” The ATC also made several corrections to the ROT. The defense claimed that for the authentication to be proper, the authenticating individual must state that the ROT accurately reports the proceedings. Also, defense claimed that an ATC cannot authenticate a ROT unless he is under the supervision of the TC (as required by RCM 502(d)(2)). The court disagreed, holding that by signing the authentication document, the ATC was stating that the ROT was correct. Also, since the defense did not allege any error in the ROT, or prejudice from having the ATC authenticate the ROT, no relief was appropriate.

Ensure the record of trial is served on the accused and counsel, as appropriate. RCM1104(b)(1), 1106(f)(3). See generally RCM 502(d)(5), discussion, para. (F).

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

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