What is a post-trial review article in a court-martial?
A post-trial review article in a court-martial is a legal proceeding that allows a court-martial to review a military conviction. The purpose of a post-trial review article is to ensure that justice was served and that the court-martial’s decision was fair. In Minnesota, any defendant who has been convicted in a court-martial may request a post-trial review article. The post-trial review article has two components: the review of the record of trial and the review of post-trial submissions. The record of trial includes the evidence and testimony presented in the court-martial proceedings. The post-trial submissions are documents and briefs that were filed with the court-martial after the trial and they include both the appellant and the government’s post-trial briefs. The review article is conducted by the appellate court with the assistance of a military judge. The appellate court is tasked with making a determination on whether the court-martial proceedings followed the applicable laws and regulations and whether the findings of the court-martial were fair. At the conclusion of the post-trial review article, the appellate court will either uphold or reject the court-martial’s decision. If the court upholds the court-martial’s decision, the conviction will stand. If the court rejects the court-martial’s decision, the appellate court may order a new trial or may enter an order of dismissal, vacating the conviction.
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