Have you been convicted at court-martial and need to appeal? Beginning in 2020, the process of appeals has changed somewhat.
Mandatory appealUnder Article 66(c), UCMJ, if you are sentenced to confinement for more than one year and/or are given a punitive discharge, there is a mandatory appeal before the [Air Force] [Army] [Coast Guard] [Navy-Marine Corps] Court of Criminal Appeals.
An appeal consists of several basic components.
Factual and Legal SufficiencyAll persons in the U.S. appealing a criminal conviction may have their case reviewed for legal sufficiency. Legal Sufficiency requires that the prosecution has presented evidence on each element of the charged offense sufficient to find guilt beyond a reasonable doubt.
But, there is a unique difference in military appeals for what is called a review for factual sufficiency. Hear, the judges of the appeal court must themselves be personally and individually satisfied that the record of trial shows enough evidence for guilt beyond a reasonable doubt. The appeals court panel effectively becomes a second "jury."
Legal errorIn addition to looking at factual and legal sufficiency, an appeals lawyer will look for significant legal errors that may justify a new trial or dismissal or charges or reassessment of any adjudged punishment.
Grostefon errorsAnother unique aspect of a military appeal is the right of the Appellant, the convicted accused, to raise legal issues that they want the court to look at and decide in their favor. Some argue this is similar to what the civilian community knows as "Anders Briefs." I'm not sure that is accurate--but it does not matter. The right exists.
So what?A competent military appeal defense lawyer should have experience at the trial level, and at the appeal level of course. A great deal of experience is necessary to properly read a record of trial, to identify the legal issues, and to know and apply the law.