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Court-Martial Appeals
If a service member has been convicted at court-martial, his case can be appealed. In many cases, the appeal is automatic. Spotting errors which occurred at the trial level is crucial to a successful appeal. Mr. Cassara has successfully represented a number of inmates on appeal. He has experience before all service courts of appeal, the Court of Appeals for the Armed Forces, and the United States Supreme Court.
The first appeal is to the service court of appeals. Whether it is the Army, Navy, Air Force or Coast Guard Court of Criminal Appeals, Mr. Cassara has experience with extremely technical and complicated appeals.
Mr. Cassara has represented numerous clients in all phases of the appellate process, frequently obtaining extremely favorable results. He has represented members of all military services, both on appeal and through federal litigation. He has a significant track record, and has been asked to teach classes to military appellate lawyers.
When a service member is convicted at court-martial, they are provided a free military lawyer. These lawyers are often young, and frequently overworked. Mr. Cassara has worked with military lawyers of all services. He has succeeded in getting a number of significant court-martial convictions reversed.
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Frequent Questions
What happens after the
court-martial is over?
At the conclusion of the court-martial, the convening
authority (usually the base commander) has the authority to
either approve or disapprove the conviction and the
sentence, either in whole or in part. This is commonly
referred to as the clemency process of “1105 submission.”
This is due to the fact that the authority to ask the
convening authority to either reduce the punishment or
overturn the conviction comes from Rule for Court-Martial
1105.
Read
More . . .
How does the appellate
process work?
Your appellate lawyer, whether it be an active duty JAG or a
civilian attorney, is responsible for preparing a “brief” or
written pleading, to present to the Court of Criminal
Appeals. This is done by carefully reading the record of
trial, or transcript, and identifying legal issues that may
result in relief for the client. These legal issues can
relate to the sufficiency of the evidence, legal errors
committed by the military judge or defense counsel, or other
grounds.
Read
More . . .
How long will it take to
get my case heard?
There is no clear answer to
this. In some cases, it can take years before all of the appeals are over.
What else might happen?
In some cases, the court can order a “DuBay” hearing, in
order to gather more facts about the issues raised on
appeal. Or, the court can take action on your case without
the filing of briefs or the hearing of oral argument.
What relief can the Court
of Criminal Appeals or the Court of Appeals for the Armed
Forces grant?
Courts of Criminal Appeals or the Court of Appeals for the
Armed Forces can overturn a court-martial conviction in
whole or in part. They can dismiss some or all of the
charges. They can order a re-hearing, or “re-assess” the
sentence of a trial court. An attorney with experience in
court-martial appeals can best advise you as to the remedies
that might be available to you in a particular case.
What should I do if I or
a loved one has been convicted at court-martial?
You will be contacted by an attorney from the Defense
Appellate Division for your service. If you are in
confinement, the counselors can advise you as to how to
contact that attorney.
You should consider whether
you want to retain a civilian attorney to represent you.
Every case is different, and some lawyers are more
experienced at certain types of cases than others. Military
defense counsels tend to carry heavier case loads than
civilians, and it may be in your best interest to consult
with civilian defense counsel. In addition, military defense
counsel tend to leave their assignment before an appeal is
completed, and you may find yourself with several different
attorneys for your court-martial appeal.
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Related Actions: Clemency and Parole
If a service member is incarcerated as a result of a court-martial conviction, he or she may be eligible for clemency and/or parole. All of the military services have Clemency and Parole Boards to determine if a service member should be released early from confinement.
Clemency means a shortening of a sentence. It is the same as commuting a sentence to confinement.
Parole means early release under the supervision of a Parole officer. Unlike clemency, if a service member gets into trouble while on parole, they can be sent back to confinement.
The regulations governing clemency and parole are different for each service. For example, the Navy Clemency and Parole Board and the Army Clemency and Parole Board allows the service member’s family to appear at a hearing and present evidence as to why their loved one should be released from confinement. The Air Force Clemency and Parole Board does not allow for a personal appearance, but does allow the service member to submit a detailed “parole plan” outlining why they should be released from confinement. Clemency and Parole Boards may also upgrade discharges as an act of clemency, and take other action as it relates to a court-martial sentence.
If your loved one is pending a clemency or parole hearing, either before a service Clemency and Parole Board or before the Federal Parole Commission, you should consider retaining an attorney who has experience in these matters. That attorney can assist the service member in putting together their parole plan, can write a brief for the Clemency and Parole Board and, if allowed, appear in person before the Clemency and Parole Board. Mr. Cassara has represented service members before all of the Clemency and Parole Boards and the Federal Parole.
You may contact Mr. Cassara at bill@williamcassara.com or call him at (888) 288-3347 for a Free Consultation.
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Recent
Court-Martial Appeals
- Mr. Cassara secured a
reversal of all court-martial charges for an Army Specialist serving 25
years confinement at Fort Leavenworth. The Specialist was convicted by a
Military Judge, sitting alone, at Fort Eustis, VA. After the Army Court
of Criminal Appeals affirmed the conviction, Mr. Cassara petitioned the
Court of Appeals for the Armed Forces for review. Mr. Cassara argued
that the Military Judge substantially prejudiced the rights of the
appellant when she closed the courtroom to allow the alleged victim to
testify in secrecy. Mr. Cassara argued that such an arrangement violated
the rights of the accused to a public trial, and created an atmosphere
that fostered false allegations. The Court of Appeals for the Armed
Forces agreed and set aside the entire conviction. Decision allows the
soldier to leave Fort Leavenworth (where he had served three and a half
year’s confinement) and to be reinstated on active duty.
- Obtained set aside of
conviction of child sexual abuse for USAF E-7. Service member convicted
of sexually abusing his daughter. Conviction affirmed by Air Force Court
of Criminal Appeals. Mr. Cassara succeeded in getting that decision set
aside. Decision allows service member to again appeal his conviction and
to seek a new trial.
- Mr. Cassara secured reversal of court-martial conviction for Air Force
Staff Sergeant convicted of rape. Airman was charged with rape. After being
convicted at court-martial, he retained Mr. Cassara to handle his
appeal. Mr. Cassara succeeded in getting the conviction
overturned after learning that the government had failed to reveal
exculpatory evidence of a conversation the alleged victim had with
another airman several months after the incident. Decision allows the
airman to return to active duty and to have his name removed from the
sex offender registry.
- Mr. Cassara secured full reversal of court-martial conviction for Air Force
Master Sergeant convicted of rape. Decision allows Master Sergeant to
keep his retirement and rank. Airman was charged with rape. After being
convicted at court-martial, he retained Mr. Cassara to handle his
appeal. Mr. Cassara succeeded in getting the entire conviction
overturned, after learning that the government had failed to turn over
relevant medical records of the alleged victim to the defense. Decision
allows the NCO to keep his retirement at the rank of Master Sergeant,
and to remove his name from the sex offender registry.
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United States v. Stewart (Air Force
Court Criminal Appeals, Jan 2006) (PDF)
- MSgt. Stewart was found
not guilty at his retrial, and will retire with full rank and back pay.
- Mr. Cassara secured
reversal of court-martial conviction of Army Chief Warrant Officer
convicted of larceny and dismissed from the service. Officer was
originally convicted of multiple counts of larceny from the bank account
of a family member of a deceased soldier. Mr. Cassara successfully
argued on appeal that the evidence did not support the conviction, and
that the officer had been denied a fair trial. Mr. Cassara then
represented the Warrant Officer at his sentence rehearing in which a
dismissal was not adjudged.
- Mr. Cassara secured reversal of court-martial conviction on appeal for sailor
convicted of shoplifting. Sailor originally sentenced to four months
confinement and a bad conduct discharge. Mr. Cassara later determined
that the Naval Criminal Investigative Service had lost the store video
tape which the government had used against the sailor in order to
sustain the conviction.
- Mr. Cassara obtained
reversal of most serious charges for soldier convicted of child abuse.
After a rehearing, soldier received an honorable discharge.
- Mr. Cassara obtained reversal of court-martial charges on appeal for NCO convicted
of multiple allegations of child sexual abuse. E-7 with over 20 years
active duty was convicted of molesting his step-daughter. After
retaining Mr. Cassara on appeal, the conviction was set aside. Decision
allowed NCO to retain his retirement and be removed from the sex
offender registry.
- Mr. Cassara obtained reversal in a court-martial appeal of a court-martial
conviction for airman charged with possessing and transporting child
pornography. Airman was sentenced to confinement and a bad-conduct
discharge. On appeal, the Air Force Court of Criminal Appeals dismissed
all of the child pornography charges. Decision allowed airman to remain
on active duty, and to avoid registering as a sex offender.
- Mr. Cassara secured new hearing in a court-martial appeal for airman convicted
of child molestation at a court-martial. Mr. Cassara succeeded in
getting the Court of Appeals of the Armed Forces to order a new hearing
to determine if the airman had been denied the effective assistance of
counsel.
- Mr. Cassara obtained reversal in a court-martial appeal on the most serious
charges for Marine officer convicted of child molestation and possession
of child pornography by a court-martial. Major was convicted of several
serious offenses. After retaining Mr. Cassara, the large majority of the
offenses were dismissed, resulting in a more favorable result for the
client.
- Mr. Cassara has argued four murder cases on appeal, at both the service courts
of appeal, and the Court of Appeals for the Armed Forces.
- Mr. Cassara succeeded in getting conviction overturned in a court-martial appeal
for an Army NCO convicted of child abuse. Soldier was sentenced for five
years confinement and a bad-conduct discharge, resulting in the loss of
his retirement. After retaining Mr. Cassara for the appeal, all charges
were dismissed. Mr. Cassara succeeded in getting his client out of
prison, getting his pay restored, and getting his retirement restored.
- Mr. Cassara succeeded in getting a rape conviction overturned in a court-martial
appeal, and getting his client out of prison. Service member received a
nine-year sentence from a court-martial. After retaining Mr. Cassara,
the rape charge was dismissed, allowing the client to be released from
prison and to have his name removed from the sex offender registry.
- Mr. Cassara succeeded in getting court-martial conviction for aggravated spousal
abuse overturned on appeal. NCO was originally convicted of aggravated
assault, and sentenced to three and a half years confinement and a
dishonorable discharge. After retaining Mr. Cassara, the court dismissed
the aggravated assault charge, allowing soldier to remain on active
duty.
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