RCMs: Post-Trial Proceedings

Question 1

After the court-martial adjourns, what is the next step in the court-martial process?

Answer 1

The military judge signs the Statement of Trial Results and includes it in the record of trial.

Question 2

What does a Statement of Trial Results contain?

Answer 2

The findings of the court-martial; 
The sentence; 
The forum;
Plea agreements; and
Suspension recommendation

Question 3

What do the findings of the court-martial contain in the Statement of Trial Results?

Answer 3

A summary of each charge and specification;
The pleas of the accused; and
The finding or other disposition of each charge and specification.

Question 4

Who is responsible for ensuring all parties are served a copy of the Statement of Trial Results?

Answer 4

The Trial Counsel.

Question 5

In a GCM or SPCM, when does the sentence take effect?

Answer 5

When the judgement is entered into the record of trial.

Question 6

What does “Entry of Judgment” actually mean?

Answer 6

It means the judgment of the court and the sentence has been entered into the record of trial after it has been thoroughly reviewed.

Question 7

Who has the power to defer an accused’s sentence of confinement, forefeitures, or reduction in grade?

Answer 7

The convening authority, or if the accused is no longer within the jurisdiction of the convening authority, the officer exercising GCM authority over the accused at the time the accused makes the request for deferral.

Question 8

Who is responsible for submitting a request for a deferral of an accused’s sentence?

Answer 8

The accused.

Question 9

What must the accused show in order to have a request for a deferral to be approved?

Answer 9

That the interests of the accused and the community in deferral outweigh the community’s interests in imposition of the punishment on its effective date.

Question 10

When is the official end of a court-martial?

Answer 10

When the Entry of Judgment is entered into the record of trial.

Question 11

What is the forum for post-trial motions?

Answer 11

A post-trial Art. 39(a) session that the parties may request prior to the entry of judgment.

Question 12

What subject matter may be litigated at a post-trial Art. 39(a) session?

Answer 12

Any matter that arises after trial which substantially affects the legal sufficiency of any findings of guilty or the sentence.

Question 13

What issues can be remedied by post-trial motions?

Answer 13

Allegations of error in the acceptance of a guilty plea;
Motions to set aside one or more findings because the evidence is legally insufficient;
Motions to correct a computational, technical, or other clear error in the Statement of Trial Results;
Allegations of error in the post-trial processing of the court-martial; and
Allegations of error in the convening authority’s action under RCM 1109 or 1110.

Question 14

When must post-trial motions be filed with the court?

Answer 14

Not later than 14 days after defense counsel receives the Statement of Trial Results.

Question 15

If 14 days is not long enough to file post-trial motions by the accused, what can the judge do?

Answer 15

The judge can extend the period during which the accused can file post-trial motions by an additional 30 days for good cause shown.

Question 16

If there is an error in the convening authority’s action, how many days does the accused have to file a post-trial motion to correct the error?

Answer 16

Within five days of receiving the convening authority’s action.

Question 17

If there is a computational error or clerical error in the Entry of Judgment, how many days does the accused have to file a post-trial motion to correct the error?

Answer 17

Within five days of receiving the entry of judgment.

Question 18

After a sentence has been announced in a case, what can the accused do to attempt to change the sentence?

Answer 18

The accused may submit matters to the convening authority for consideration in the exercise of the CA’s powers under RCM 1109 and 1110.

Question 19

What type of matters can the accused submit to the convening authority for consideration?

Answer 19

Any matters that reasonably tend to inform the convening authority’s exercise of discretion under RCM 1109 and 1110.

Question 20

Must the matters submitted by the accused take any particular form?

Answer 20

No, but the convening authority is only obligated to consider written matters.

Question 21

How does the accused/defense counsel get access to the record of trial?

Answer 21

By asking the trial counsel, who will provide the record of trial and all exhibits and appellate exhibits to the accused/their counsel.

Question 22

When is a record of trial considered certified?

Answer 22

After entry of judgment.

Question 23

Why is there a waiting period after the announcement of the sentence and the entry of judgment?

Answer 23

To allow the parties to make post-trial motions, to submit matters to the convening authority, etc.

Question 24

How many days after the announcement of the sentence in a GCM or SPCM does an accused have to submit matters to the convening authority?

Answer 24

Ten days.

Question 25

If ten days is not long enough to submit matters to the convening authority by the accused, what can the convening authority do?

Answer 25

Extend the period of time by an additional 20 days.

Question 26

What is a suspension?

Answer 26

A period of time during which the imposition of a sentence is not executed, and at the successful completion of which the imposition of the sentence is remitted.

Question 27

What is a remission?

Answer 27

A cancellation of the unexecuted part of a sentence.

Question 28

What is required for the convening authority to reduce a sentence for an accused who has given substantial assistance to law enforcement?

Answer 28

The recommendation of the trial counsel who prosecuted the accused.

Question 29

Who may act to reduce the sentence of an accused who has lended substantial assistance to law enforcement?

Answer 29

If it is before the entry of judgment, the convening authority. If after the entry of judgment, the officer exercising GCMCA over the accused.

Question 30

The convening authority may only suspend a sentence of a DD, BCD, dismissal, or confinement longer than six months if what occurs?

Answer 30

The SOTR includes a recommendation from the military judge as to suspension; and
The military judge includes in the SOTR a statement explaining the basis for the recommendation of suspension.

Question 31

Who determines how much of a sentence is to be suspended?

Answer 31

The military judge, because the convening authority is bound by the military judge’s recommendation.

Question 32

What occurs if the convening authority chooses to take no action on a sentence?

Answer 32

The CA’s SJA shall notify the MJ of the CA choosing not to take action.

Question 33

What occurs if the convening authority chooses to take action on a sentence?

Answer 33

The action will be written and explain the action taken. The written statement will then be forwarded to the MJ by the SJA and then included in the record of trial.

Question 34

What is the entry of judgment?

Answer 34

The results of the court-martial. It terminates the trial proceedings.

Question 35

What marks the beginning of the appellate process?

Answer 35

The entry of judgment.

Question 36

What does it mean to certify the record of trial?

Answer 36

To ensure that all required contents of the record of trial are in fact in the record of trial.

Question 37

Who is responsible for certifying the record of trial?

Answer 37

The court reporter or, alternatively, the military judge.

Question 38

When is the record of trial certified?

Answer 38

Following the entry of judgment into the record of trial.

Question 39

Is a transcript prepared in all courts-martial?

Answer 39

No

Question 40

In what courts-martial is a transcript prepared?

Answer 40

GCMs or SPCMs in which the sentence includes death, dismissal, DD, BCD, or confinement for more than six months.

Question 41

Can a party request a transcript of a proceeding be made?

Answer 41

Yes, but the application for a transcript must be approved by the military judge.

Question 42

In what kinds of courts-martial can the accused waive appellate review?

Answer 42

All GCMs except those sentencing the accused to death, and all SPCMs in which the sentence includes a BCD or confinement for more than six months.

Question 43

What courts-martial receive automatic review by the Court of Criminal Appeals?

Answer 43

All GCMs and SPCMs in which the judgment entered into the record includes a sentence of death, dismissal, a DD, a BCD, or confinement for two or more years.

Question 44

What courts-martial are capable of direct review by the Court of Criminal Appeals upon appeal by the accused?

Answer 44

Those where the accused is sentenced to confinement for more than six months.

Question 45

What occurs to courts-martial which are not subject to automatic review or which are not chosen to be appealed by the accused?

Answer 45

The judgment is reviewed by an attorney, who may forward the case to the Judge Advocate General for post-trial review.

Question 46

Who approves or disapproves a request by the government to appeal a sentence?

Answer 46

The Judge Advocate General.

Question 47

What are the grounds on which the government may appeal a sentence?

Answer 47

The sentence is plainly unreasonable; or

The sentence violates the law.