Accused can submit anything, but the CA need only consider written submissions. See RCM1105.
- The material may be anything that may reasonably tend to affect the CA’s action,including legal issues, excluded evidence, previously unavailable mitigation evidence, and clemency recommendations. See United States v. Davis , 33 M.J. 13 (C.M.A. 1991).
- Query: How much must he “consider” it? Read it entirely? Trust SJA’s(realistically COJ’s or TC’s) summary? As DCs, what are your options here? DC should provide a complete summary of the accused’s RCM 1105 matters – highlight for the CA the key documents/submissions.