The Court of Military Appeals

After an appeal case has been through an intermediate court such as the Army Court of Criminal Appeals, the case can be heard by the United States Court of Appeals for the Armed Forces or the court of military appeals. This is also known as the "last resort" because it is a final option for appeals.

The court of appeals has jurisdiction over any member of the armed forces who is subject to the Uniform Code of Military Justice. It is composed of five civilian judges. They are appointed for 15-year terms by the President after being approved by the Senate. At the completion of a term, the judge must either be re-appointed or retire.

Army Court of Criminal Appeals

Before a case can be heard by the five civilian judges, it must first go through one of the intermediate courts, like the Army Court of Criminal Appeals. This court is comprised of three judicial panels. Each panel has three appellate judges (one is assigned to be the senior judge), a commissioner and paralegal. The Chief Judge presides over cases with judges from all three panels and has a personal commissioner assigned to his cases. The set-up of the Army court and the appeal process is similar to the system for the other branches. Along those lines, the Air Force appellate process is much the same as that of the Army.

Air Force Appellate Process Explained

Many steps must take place before an appeal is made and many more after. The following is an over-view of the Air Force Appellate Process.

• Filing papers- A great deal of paper work must be dealt with before the trial.
• Defense counsel- The service member must decide whether he wants to have a lawyer assigned or if he wants to hire his own.
• Assignments of error and briefs- The defense counsel can file an assignment of error following evidence from the original court martial trial.
• Oral arguments- A defense lawyer must be ready to argue any points made during the trial.
• Decisions of the court- After a decision has been made by the judges, it will be presented to the defense.
• Petition for new trial- If the defense is unhappy with the eventual decision, they can make a petition to the court of military appeals.