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How to Appeal a Court Martial

Were you wrongfully convicted or sentenced in a court martial? You have the right to appeal. The process of seeking an appeal must be carefully managed by a legal professional with extensive knowledge and experience with the military justice system as well as the appeals process.

Your request for appeal will be submitted to the Court of Criminal Appeals. There are only certain facts that are relevant to the appeals court, which include significant legal errors that may have impacted the outcome of your case, or an unfair sentence that goes beyond what should have been imposed for that offense.

There are very limited circumstances under which an appeal will be granted. If there are issues regarding fraud, newly discovered evidence, matters regarding a lack of jurisdiction in the offense or over that soldier, or an issue in which an error was prejudicial and impacted the rights of the accused; or the appropriateness of the sentence that was imposed.

Success in gaining the appeal will be based almost exclusively upon the legal skills and knowledge of your attorney. Although you have the right to be represented by a court-appointed lawyer, it is important that the process is addressed by an attorney familiar with the appeals process in the military justice system, and has a proven record in this area.

It is often far superior to retain the services of a civilian lawyer who has served in the military justice system. At McCormack & McCormack, the firm offers members of the Armed Forces highly skilled legal representation in appeals. As a former member of the U.S. Army Judge Advocate General's Corps, serving as both a prosecutor and defense counsel, Attorney Greg D. McCormack has the range of experience that could be of great benefit to you if you have been wrongfully convicted or sentenced. Contact McCormack & McCormack as early as possible, as there are time limits in filing an appeal that must not be missed.

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