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October 23rd, 2021

10/23/2021

 
Suliman & Disotell, The U.S. Army Consolidated Rehearing Center. The Army Lawyer, No. 3, 2021, at 45, has a description of the new U. S. Army Consolidated Rehearing Center. For those of us who have done rehearing's, they are not always as "easy" as the first time around.
​The Rehearing Center serves to standardize and enhance the processing, prosecution, and defense of rehearings, new trials, and other trials and remands—all while developing subject matter experts in the complex procedures involved in the prosecution and defense of these types of cases. Pursuant to TJAG’s policy, the Clerk of Court for ACCA, acting on an order of remand from the appellate court, will refer records of trial to the Commanding General, Combined Arms Center, Fort Leavenworth, Kansas, subject to some exceptions discussed below. The Rehearing Center will receive all rehearings, new trials, other trials, and remands, regardless of the alleged offense(s), including both special victims and general crimes cases. In addition to rehearings in full and rehearings on sentence, the original trial, rehearing proceedings require certain modifications to the traditional court-martial procedure. Accordingly, the Army’s Chief Trial Judge is the detailing authority for cases remanded to the Consolidated Rehearing Center. Due to the complexity of the proceedings, the detailed judge will normally have significant prior experience. While complex in nature, the consolidation of all rehearings provides several benefits for military justice.
. . .. 
In theory, the expertise gained over time lowers the risk of cases being returned a second time due to an error on the part of the litigators. Further, it preserves the rights of accused Soldiers under the law. A rehearing results after the appellate court provides relief to the accused by overturning one or more of the original convictions. Thus, accused Soldiers now have an additional chance to be acquitted or not even prosecuted. Defense counsel must decide how to best represent a client who may have lost faith in the military justice system after being convicted the first time. Consolidation enables defense counsel to be better prepared to handle retrials. In many cases, the accused is in confinement at the USDB or the JRCF still serving their original sentence.
As I read this, it seems that those on appellate leave will now be recalled to Fort Leavenworth and not Fort Sill. 
​

Cheers.


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