Notice Concerning Post-Trial and Appellate Rights. RCM 1010
Overview of the notice concerning post-trial and appellate rights in post-trial processes:
Before adjournment of any general and special court-martial, the MJ shall ensure that the DC has informed the accused orally and in writing of:
- The right to submit post-trial matters to the CA;
- The right to appellate review, as applicable, and the effect of waiver or withdrawal of such rights;
- The right to apply for relief from TJAG if the case is neither reviewed by a Court ofCriminal Appeals nor reviewed by TJAG under RCM 1201(b)(1); and,
- The right to the advice and assistance of counsel in the exercise or waiver of the foregoing rights.
The written advice to the accused concerning post-trial and appellate rights shall be signed by the accused and DC and inserted in the record as an appellate exhibit. Absent a post-trial Article 39(a) session, the written advice will usually be the last Appellate Exhibit (AE) in the record of trial.
The Military Judge should:
- Examine the form submitted by the defense counsel and used to advise the client.
- Confirm on whom the record of trial is to be served – the accused or counsel. If more than one defense counsel is on the case, she should determine, on the record, who is responsible for post-trial matters.
See also amendments to the Military Judges’ Benchbook, DA Pam 27-9, paras. 2-4-2 and 2-6-14 (1 Jan. 2010).