Court-Martial Appeals

Aggressive, dedicated, and experienced military defense team fighting for Soldiers, Airmen, Marines, Sailors, and Coast Guardsmen all over the world.

The military’s court-martial appellate system is both complex and difficult to navigate without an experienced attorney assisting you along the way.  The Attorneys at Shewmaker and Shewmaker have been representing service members accused of crimes for more than 10 years and we are inherently qualified to reviews your record of trial, analyze the facts, and provide reliable legal advice on whether your case should be appealed to a higher authority.  We assist clients with both case reviews and representation before military appellate courts.

Post-Trial and the Convening Authority

If you are convicted by special or general court-martial, your case will get automatically reviewed by the person who referred your case to a court-martial.  Typically, this person is referred to as the convening authority (CA) and he/she is often a commanding general or admiral.  The CA has the right, under certain circumstances and with limited authority, to mitigate the findings and sentencing in your case.  In other words, the CA can reduce the charge you were convicted of or reduce your sentence.

Military Court of Appeals

Special court-martial and general court-martial convictions may be appealed to the specific military court of appeal for the service that prosecuted you.  There are four military courts of appeals:

• Army Court of Criminal Appeals
• Navy-Marine Corps Court of Criminal Appeals
• Air Force Court of Criminal Appeals
• Coast Guard Court of Criminal Appeals

In the event that you are convicted at a court-martial and your sentence is a dishonorable discharge, bad conduct discharge, dismissal, confinement for at least a year, or death, your case will be automatically reviewed by a military court of appeal.  For other sentences, the courts of appeal have discretion and can decide to hear your case or not. If you are unable to review your case through the appeals court, you also have the right under Article 69 of the Uniform Code of Military Justice to request that your case be reviewed by the Judge Advocate General.

Appealing to the U.S. Court of Appeals for the Armed Forces

Not every case tried at military court-martial can be heard by the Court of Appeals for the Armed Forces (CAAF).  However, you can hire an attorney to file a petition to CAAF showing good cause on why your case should be reviewed.  The court can agree to hear your case or decline to hear your case.  The court is required, however, to hear any cases sent by the Judge Advocate General for review.  You can ask the Judge Advocate General to send your case to the court but this request will very rarely be granted.

Filing a Write of Habeus Corpus

A Writ of Habeus Corpus is used to bring a prisoner or detainee before the court to determine if the person’s imprisonment is unlawful.  In many countries, government authorities may take citizens and incarcerate them for months or years without charging them.  The framers of the U.S. Constitution wanted to prohibit this kind of abuse of power in the United States.  Therefore, they included a specific clause in the Constitution to safeguard the right against unlawful imprisonment, known as habeas corpus.  The procedure provides a means for prison inmates to dispute the legal basis for their confinement.  CAAF can also hear petitions under the All Writs Act, 28 U.S.C. § 1651.  In exceptional cases, the Attorneys and Shewmaker and Shewmaker have filed writs of habeas corpus demanding specific relief for their clients.