Legal Question in Military Law in Colorado

Courts-martial appeal

Separated from Navy May,2008 with OTH RE-4 misconduct (Serious Offense) Separation code HKQ. Charged with article 80, 107, 108 at a summary courts-martial, Plead Not Guilty to all. I committed none of these offenses there was no evidence against me. Two of the people testifying against me had nothing to say about the offenses they were more like character witnesses against me. The third and final witness against me was called on the phone by the officer in charge of my court martial and I was not allowed to listen to the conversation. I had three people testify for me (including one character witness) who were all emphatic that I committed none of these offenses. One of the reasons the officer said in his report that he convicted me was because when I was asked if I had anything to say to the witnesses I said nothing. I don't know the first thing about cross-examining witnesses, and since I went to a summary courts-martial I had to act as my own legal counsel. I feel like I was punished for my lack of legal knowledge. I have all the paperwork pertaining to my courts-martial and would like to know the chances of an appeal and getting my convictions overturned. Thank you.


Asked on 1/17/09, 7:39 am

2 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: Courts-martial appeal

1. You have a limited period of time post-conviction to appeal a summary court-martial.

2. You will not get your OTH upgraded unless you can prove the underlying SCM was wrong.

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Answered on 1/17/09, 9:39 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Courts-martial appeal

As Mr. Cave said, there is a limited period of time to appeal, and it's impossible to tell whether or not your conviction is "final" - meaning, whether or not the Review required under Article 69, UCMJ, has been completed or not. Generally, when that is done, they are SUPPOSED to send you a copy of the Court-Martial Order showing that the Review is done.

Now, just because you didn't get a copy, does not necessarily mean that it hasn't been reviewed. The Navy is bad about ensuring that stuff like that gets mailed out timely and to the proper address.

Assuming that WAS done, does not mean you're screwed - you have one other option, and that is a Petition for a new trial which you have 2 years from the date you were sentenced to file.

If you would like to discuss this further, please contact me privately. This forum, while good, is NOT private nor is it privileged.

Good luck

Don Rehkopf

[email protected]

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Answered on 1/17/09, 4:26 pm


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