U.S. v. Simon, 64 M.J. 205

First Principles: Constitutional Matters: Due Process

1. as a matter of law, the CCA reviews claims of untimely post-trial review and appeal under the Due Process Clause of the Constitution
2. a CCA’s due process review of a claim of unreasonable delay involves a four-factor analysis in which at least two of the factors concern the personal post-trial circumstances of the servicemember – i.e., reasons for asserting or not asserting the right to timely review, and prejudice; in such cases, the servicemember may well be the best source of information on these factors

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. the CCA has two distinct responsibilities in addressing appellate delay; first, the court may grant relief for excessive post-trial delay under its broad authority to determine sentence appropriateness under Article 66(c), UCMJ; second, as a matter of law, the court reviews claims of untimely review and appeal under the Due Process Clause of the Constitution
2. it is appropriate for the CCA to conduct a new review under Article 66(c), UCMJ, where (1) extensive post-trial delays raise substantial questions under both a sentence appropriateness and due process analysis, (2) the initial appellate defense counsel did not assign any errors, (3) the unrebutted record on appeal indicates that counsel had no contact with appellant while the case was pending before the CCA, and (4) the unrebutted record indicates that appellant suffered from a significant mental health condition

Trial Stages: Appeals: Courts of Criminal Appeals › Sentence appropriateness

1. because a sentence appropriateness analysis under Article 66(c), UCMJ, is highly case specific, the details of a servicemember’s post-trial situation constitute an important element of a CCA’s analysis

Miscellaneous Matters: Speedy Trial: Post-Trial

1. the CCA has two distinct responsibilities in addressing appellate delay; first, the court may grant relief for excessive post-trial delay under its broad authority to determine sentence appropriateness under Article 66(c), UCMJ; second, as a matter of law, the court reviews claims of untimely review and appeal under the Due Process Clause of the Constitution
2. because a sentence appropriateness analysis under Article 66(c), UCMJ, is highly case specific, the details of a servicemember’s post-trial situation constitute an important element of a CCA’s analysis; likewise, a CCA’s due process review of a claim of unreasonable delay involves a four-factor analysis in which at least two of the factors concern the personal post-trial circumstances of the servicemember -– i.e., reasons for asserting or not asserting the right to timely review, and prejudice; in such cases, the servicemember may well be the best source of information on these factors