Court-Martial Trial Practice Blog
The Air Force Court of Criminal Appeals is tragically behind in timely action on pending and future court-martial appeals. The military appellate courts, so far have declined to take action to release an appellant pending appeal.
The Canadians set a the example.
A Standing Court Martial today sentenced Captain Daniel Moriarity, a Cadet Instructors Cadre officer, to imprisonment for a term of 12 months, dismissal from Her Majesty’s service, and reduction in rank to the rank of Second Lieutenant in relation to various sexual offences committed against two cadets in 2010 and 2011.
Following the imposition of this sentence, Second Lieutenant Moriarity applied for release from imprisonment pending appeal. His application was granted, and the presiding Military Judge directed that he be released from imprisonment pending appeal, on a number of conditions.
Of course there is nothing to indicate a problem in the timeliness of court-martial appeals in Canada.