COURT-MARTIAL APPEALS LAWYERS
Experience You Can Count On
Daniel Conway & Associates is one of the most experienced firms in practice when it comes to court-martial appeals. Founding attorney Daniel Conway has 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 (757) 401-6365 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
At Daniel Conway & Associates, our court-martials appeals lawyers can help you explore every option for appealing a conviction. Call us today at (757) 401-6365.
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.
Why Hire Daniel Conway & Associates?
Frequent Coverage on High-Profile Media Networks
Practicing Worldwide With Years of Combined Legal Experience
Fast Responses & Free Initial Consultations Available 24 Hours
Court-Martial Experience in Every Service & Every Crime
Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More