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Amount of time before appeal?

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silverfox341

Junior Member
What is the name of your state? N/A

How long does it take for the appeal process to begin after the case has been closed and the person is in prison. Is there a normal amount of time for all cases? The peson I'm speaking for hasn't seen a military lawyer since being in Leavenworth for over eight months. :confused:
 


badapple40

Senior Member
What branch of the service? Do you know whether the record of trial has been authenticated by the military judge? Has the convening authority taken action? What was the sentence (if its not enough, he may not even get an appeal)?

In the military, the prison sentence begins immediately on its announcement, unless specifically stayed by the convening authority (usually a general).

If its a longer trial, with lots of testimony, you may not even get through the post trial process for a while.

There has been a recent practice by some inmates to file mandamus actions pro se in the Court of Appeals of the Armed Forces, which has been met with varying success (Diaz v. JAG of the Navy, CAAF, 2004). There is a right, in the military justice system, to timely review.
 

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