PETITIONS FOR A NEW TRIAL
Skilled Court-Martial Appeals Attorneys
Often individuals come to our firm concerned that favorable evidence was not presented to the jury. They frequently want to know how to petition for a new trial. Military law generally creates a few different ways to request a new trial:
- Before the record of trial is authenticated the Military Judge can reopen the trial proceedings under Article 39(a). Post-trial sessions generally only occur if a manifest injustice would result absent the hearing. They generally require newly discovered evidence. United States v. Hull, 70 M.J. 145 (C.A.A.F. 2010). Classic examples include cases where the government failed to disclose important impeachment evidence. Another example might include instances when potential jurors lied during voir dire. United States v. Albaaj, 65 M.J. 167 (C.A.A.F. 2007).
- After the Record of Trial is authenticated, but before the Convening Authority takes action, the Convening Authority can order Article 39(a) sessions to address any errors. Rule for Courts-Martial 1102.
- After the Convening Authority takes action, an accused can petition for a new trial under Article 73 UCMJ. It states:
- "ART. 73. PETITION FOR A NEW TRIAL
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise, the Judge Advocate General shall act upon the petition."
- "ART. 73. PETITION FOR A NEW TRIAL
The decision to grant or deny a new trial is reviewed by the courts under an abuse of discretion standard. US v. Meghdadi, 60 M.J. 438 (C.A.A.F. 2005). In conducting consultations, our firm is looking to determine whether:
- The military judge's findings of fact were accurate and supported by the record
- Whether the military judge's legal principles were correct
- Whether the military judge drew appropriate conclusions
We want to carefully investigate grounds for a new trial. We look at:
- Whether the jurors were honest. US. v. Sonego, 61 M.J. 1 (C.A.A.F. 2005).
- Whether witnesses have recanted. US v. Cuento, 60 M.J. 106 (C.A.A.F. 2004).
- Whether witnesses committed perjury.
- Whether there are new witnesses not previously known to the defense.
There are times when evidentiary hearings are required. Our court-martial appeals lawyers will be happy to discuss your case with you if you believe that a new trial is needed.
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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 ...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
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