Gonzalez & Waddington – Attorneys at Law

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  1. GCM or SPCM – due on later of ten days after service of SJAR on BOTH DC and the accused and service of authenticated ROT on the accused.
  2. SCM – within seven days of sentencing.
  3. The failure to provide these time periods is error; however, the accused must makesome showing that he would have submitted matters . United States v. DeGrocco , 23 M.J. 146 (C.M.A. 1987). See also United States v. Sosebee , 35 M.J. 892 (A.C.M.R. 1992). “A staff judge advocate who discourages submissions to the convening authority after the thirty-day time limit but prior to action creates needless litigation and risks a remand from this Court.” Id . at 894.

Military Sexual Assault Defenses: Mistake of Fact Explained by a Military Defense Lawyer

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