Insufficiency of the Evidence DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!


Appealing Military Court-Martial Convictions

You may have grounds for an appeal of a court-martial ruling if you can prove that there was not sufficient evidence for a conviction.

Legal Insufficiency

Article 66(c), UCMJ, mandates that the lower appellate courts review the legal and factual sufficiency of the evidence and affirm only those findings of guilty which this court finds correct in law and in fact. United States v. Turner, 25 M.J. 324 (C.M.A. 1987); United States v. Gilchrist, 61 M.J. 785, 793 (A. Ct. Crim. App. 2005).

These reviews are done to take a fresh, impartial look at the case and the evidence presented. The decision of the trial court is not considered during this process.

Contact Daniel Conway & Associates to speak with our experienced military court-martial appeals attorneys today.

Determining Reasonable Doubt

Criminal defendants can only be convicted if a jury believes the evidence proves their guilt beyond a reasonable doubt. It should be noted that reasonable doubt does not mean that the evidence must be free from conflict, just that a jury cannot, in good conscience, proclaim a guilty verdict if the evidence left them doubting a defendant’s guilt.

During the appeals process, the appellate court reviews the record of the trial. Members of the appellate court were not present during the original trial, meaning they did not observe witness testimony or the defendant during the trial. All of their information comes from the records in the court. This can be a good thing in some cases, as the high emotions that arise during trials can sometimes obscure the facts.

When all the information is reviewed, the court has to make a good faith decision regarding whether or not the evidence provided clearly shows that the person filing for appeals is guilty beyond a reasonable doubt.

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    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 ...

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    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, ...

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    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 ...

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