When is an appeal available for a court-martial?

On Behalf of | Aug 9, 2022 | Military Family Law |

While military-related criminal charges go through a different system than the civilian judicial system, there are still rights you have that are similar to those outside the military. One of those rights is the ability to appeal the ruling in your case.

The United States Court of Appeals for the Armed Forces hears appeals from all branches of the military. The court will get the case after review by the lower appeals courts if they find proper grounds.

Reviews and grounds

The lower appeals courts will review cases to look for serious missteps or issues that occurred during the trial phase. The justices will consider if there was a problem with the sentencing not matching the crime. They look at the facts in the case to determine if they were sufficient to prove the case. They also review for legal errors. The courts can then refer the case to the higher court if they feel the need exists.

High appeals court cases

The US Court of Appeals for the Armed Forces will not see every case. It will handle those with legal errors and involving a death sentence. They will also hear those cases referred by the lower appeals courts.

The court can only consider matters of law when reviewing the case. The justices are not responsible for looking at evidence or reviewing the arguments in the case. This is similar to civilian appeals courts. They do not rehear the case. They look only for errors or mistakes made during the process that could have violated the right to a fair trial.

Appealing a case does not mean it will go anywhere, but it is a right you have if you face a court martial conviction.