RCM 502(d)(6), Defense Counsel’s (DC’s) Post-trial Duties
Overview of RCM 502(d)(6) in post-trial processes:
Advise the accused of post-trial and appellate rights (not technically post-trial – RCM1010).
Deferment of confinement / reduction / forfeitures. RCM 1101(c).
Examination of the record of trial. RCM 1103(b)(3)(c).
Submission of matters: RCM 1105; 1106(f)(4), (7); and, 1112(d)(2). See also UCMJ, Article 38(c).
Right to appellate review and waiver thereof, in writing, within specified time period.RCM 1110.
Examine Staff Judge Advocate’s Recommendation (SJAR). RCM 1106(f).
See also United States v. Palenius , 2 M.J. 86, 93 (C.M.A. 1977). “The trial defense attorney . . . should maintain the attorney-client relationship with his client subsequent to the [trial] . . . until substitute trial [defense] counsel or appellate counsel have been properly designated and have commenced the performance of their duties . . . .”
Advice on the right to appellate review and appellate process.
Raising appellate issues. United States v. Grostefon , 12 M.J. 431 (C.M.A. 1982).
Act in accused’s interest. See United States v. Martinez , 31 M.J. 524 (A.C.M.R. 1990).
Maintain an attorney-client relationship. RCM 1106(f)(2) (for substitute counsel); United States v. Schreck , 10 M.J. 226 (C.M.A. 1981), supplemented by , 10 M.J. 374 (C.M.A. 1981); United States v. Titsworth , 13 M.J. 147 (C.M.A. 1982); United States v. Jackson , 34 M.J. 783 (A.C.M.R. 1992) (some responsibility placed on the SJA).