Petitions for a New Trial DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!

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."

We can discuss your eligibility for a new trial with you during a free consultation. Call Daniel Conway & Associates today at (888) 401-6214.

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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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