Defending Military Members
Worldwide Since 1973

Court-Martial Appeals Lawyers

Experience You Can Count On

Gary Myers, Daniel Conway & Associates is one of the most experienced firms in practice when it comes to court-martial appeals. Founding attorneys Gary Myers and Daniel Conway have published a book on military crimes and defenses. Likewise, attorney Brian Pristera teaches at The College of William and Mary. We have argued and won cases before every military appellate court.

Recent Appellate victories in 2017 include US v. Cook, US v. Ellis, and US v. Vidal (unreported because we obtained a post-trial Chapter 10 after he served 3 years of a 15-year sentence). You can read about more of our case results here.

Initial consultations with our court-martials appeals attorneys are offered at no charge. Call (800) 644-9939 today.

Appealing Convictions from Special & General Court-Martials

Following a special or general court-martial conviction, the first step in the process is to request clemency. The Convening Authority has the ability to set aside the findings or sentence. The Convening Authority can also reduce the sentence.

Reviews of courts-martial are governed by the Uniform Code of Military Justice, 10 U.S.C. §§ 859-876, and the Manual for Courts-Martial. The next step is to appeal to the military court of appeals for your branch of service.

You will have a right to a military-appointed appellate attorney. You will also have a right to civilian counsel if you desire. It is recommended that you go with a civilian counsel that is experienced in military law as lawyers in private practice typically have more time and resources to devote to their cases.

There are five military courts of appeals:

  • Court of Appeals for the Armed Forces
  • Army Court of Criminal Appeals
  • Navy-Marine Corps Court of Criminal Appeals
  • Air Force Court of Criminal Appeals
  • Coast Guard Court of Criminal Appeals

Can I Appeal My Court-Martial Conviction?

You are entitled to a review of your conviction if your sentence is a dishonorable discharge, bad conduct discharge, dismissal (if you are an officer), confinement for at least a year, or death. For other sentences, the courts of appeal have discretion about whether to hear your case or not. You can also petition the Judge Advocate General to order your case to be reviewed by the court of criminal appeals.

If you are unable to obtain review 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.

If your appeal to the military appeals court in your branch is not successful, the next step is to consider an appeal to the Court of Appeals for the Armed Forces.

Appealing to the U.S. Court of Appeals for the Armed Forces. The scope of review by the Court of Appeals is limited. All they will do is look for any legal errors made by the military appeals court. They will not look at the facts and identify any factual errors made. It will only look to see if the military appeals court made a mistake when applying the law to the facts of your situation.

Filing a Writ of Habeas Corpus

The Courts of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces can also hear petitions under the All Writs Act, 28 U.S.C. § 1651. These are called writs of habeas corpus and they are generally filed only in extraordinary circumstances when no other avenue of relief is available. This firm is well-experienced in writ practice.

At Gary Myers, Daniel Conway & Associates, our court-martials appeals lawyers can help you explore every option for appealing a conviction. Call us today at (800) 644-9939.

Why Hire Us?

Your Future is Too Important Not To
  • Fast Responses & Free Initial Consultations Available 24 Hours

  • Over 100 Years of Combined Legal Experience

  • Frequent Coverage on High-Profile Media Networks

  • Court-Martial Experience in Every Service & Every Crime

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