How does the appeals process for a court-martial work?

In Delaware, the appeals process for a court-martial is defined by federal law. Generally, an accused servicemember is entitled to appeal a conviction, sentence, or other decision by a court-martial. There are multiple procedures available for the accused to contest the decision, depending on what the accused is challenging. The first step in the appeals process is to file a request for review. This request will identify the issues the accused is disputing. The request can be filed with the convening authority who referred the case to court-martial, with the Judge Advocate General, or with the Court of Criminal Appeal. The request must be made within 10 days of the court-martial’s decision, unless there is good cause for the delay. The next step is for the accused to submit an appeal brief. This brief will state the accused’s legal arguments challenging the conviction or sentence. The brief will be reviewed by the convening authority or the Judge Advocate General. If the accused is requesting a review by the Court of Criminal Appeals, the accused will have to submit the appeal brief within a specified period of time. The final step in the appeals process is a hearing. Depending on the situation, the hearing may be held before the convening authority, Judge Advocate General, or Court of Criminal Appeals. At the hearing, the accused will be allowed to present evidence and testimony in support of their arguments. After the hearing is complete, a decision will be issued. Overall, the appeals process for a court-martial in Delaware is a complex process. An accused servicemember should consult with a lawyer to ensure that their rights are being protected throughout the process.

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