U.S. v. Mendoza, 67 M.J. 53

Military Justice Personnel: Convening Authority: Action

1. when the action of a convening authority is incomplete, ambiguous, or contains clerical error, a court of criminal appeals may instruct the convening authority who took the action to withdraw the original action and substitute a corrected action, and the convening authority shall modify the action accordingly; if the original convening authority has been replaced by a successor, there must be some evidence that the successor convening authority communicated with the original convening authority and that the corrected action reflects the original convening authority’s intent; alternatively, the successor convening authority may issue a new action after receiving a new SJAR/LOR that was served on the defense, providing the accused a new opportunity to submit clemency matters
2. before taking action on a case, the convening authority shall consider, among other things, the SJAR/LOR under RCM 1106 and any matters submitted by the accused under RCM 1105; a new, as opposed to a corrected, action requires a new SJAR/LOR under RCM 1106 and the opportunity for the accused to submit additional matters under RCM 1105
3. on remand, a convening authority may not take a new action without receiving a new SJAR/LOR under RCM 1106 and affording the accused an opportunity to present additional matters under RCM 1105

Trial Stages: Initial Review: Action

1. when the action of a convening authority is incomplete, ambiguous, or contains clerical error, a court of criminal appeals may instruct the convening authority who took the action to withdraw the original action and substitute a corrected action, and the convening authority shall modify the action accordingly; if the original convening authority has been replaced by a successor, there must be some evidence that the successor convening authority communicated with the original convening authority and that the corrected action reflects the original convening authority’s intent; alternatively, the successor convening authority may issue a new action after receiving a new SJAR/LOR that was served on the defense, providing the accused a new opportunity to submit clemency matters
2. before taking action on a case, the convening authority shall consider, among other things, the SJAR/LOR under RCM 1106 and any matters submitted by the accused under RCM 1105; a new, as opposed to a corrected, action requires a new SJAR/LOR under RCM 1106 and the opportunity for the accused to submit additional matters under RCM 1105
3. on remand, a convening authority may not take a new action without receiving a new SJAR/LOR under RCM 1106 and affording the accused an opportunity to present additional matters under RCM 1105

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. when the action of a convening authority is incomplete, ambiguous, or contains clerical error, a court of criminal appeals may instruct the convening authority who took the action to withdraw the original action and substitute a corrected action