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Appealing an unfair court-martial decision

One would hope that all conviction and sentencing decisions coming out of court-martial proceedings would be fair ones.

Unfortunately though, sometimes, an unfair decision is made in such proceedings due to errors, mistakes or misconduct that occurred during the proceedings.

An unfair court-marital decision can come about through many different things. Perhaps abuses of authority were committed by officials involved in the proceedings. Perhaps prosecutors committed mistakes when gathering evidence or presented factual errors during the proceedings. Perhaps the judge who made the decision misinterpreted or misapplied the law. Or maybe prosecutors or the judge didn't comply with proper procedures during the proceedings.

When a military member has been convicted and sentenced in court-martial proceedings that were tainted by errors or misconduct by prosecutors or a judge, they may feel like the system has failed them and that there is no way to escape the outcome that has unjustly been put upon them.

However, in such a situation, the convicted military member may not be without options. They may be able to appeal the decision in a higher court. If a military member prevails in an appeal of an unjust court-martial decision, it could result in convictions or sentences that came out of the court-martial proceedings being thrown out.

Given the major negative effects an unfair decision in a court-martial proceeding can have on a person, the stakes in appeals cases involving such decisions can be incredibly high. Appealing a court-martial decision can also be a very challenging and daunting process. Thus, when appealing a court-martial decision that they believe was reached unfairly, a military member may wish to secure experienced and skilled representation.

Court-martial appeals are one of the many military law issues our firm can assist military members with. To learn more about the ways we can help military members who are going through the court-martial appeals process, see this page.   

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