How Do Military Appeals Work

[ShamelessAngels]

Hi! I just joined this forum and I was wondering if I was allowed to post a question here that doesn't deal with a real life case, but with a fictional story. If not, please just let me know and I apologize for wasting your time if it isn't allowed.

If it is allowed, this is my question: My story deals with a Marine who has been wrongfully convicted of murder. The conviction happened as a result of fraud and perjury on the part of the men in his unit and he is trying to clear his name. My plan is to prove the fraud at the appellate court of the NMCCA and then have that court grant a trial de novo for the purposes of proving his innocence. He has a person who is willing to come forward and say that he participated in the fraud and helped to ensure the wrongful conviction, but I am not sure if the appellate court at the NMCCA would be able to accept that testimony seeing as how it isn't part of the original court-martial's evidence. Can they? If not, are there any legal work-arounds that would allow my Marine to prove the fraud so that he may be granted a trial de novo?

[Mr. Knowitall]

If he wants to submit new evidence at the appellate level, that would normally mean taking the associated testimony at the trial court level. In regular courts that's often done by petitioning the trial court for supplementary proceedings (e.g., to take testimony on an ineffective assistance of counsel claim) or by asking the Court of Appeals to order the trial court to conduct a hearing (the exact procedures can vary by jurisdiction). Failing that, subject to some pretty stringent limitations, it may be possible to raise the allegations through a federal habeas action. Appellate courts are courts of review, and are usually not set up to admit evidence or take testimony. (I say 'usually' because states vary in their laws and court procedures, and some original actions may at times be heard at an appellate level - although such actions would have to fall into narrowly defined categories and are exceedingly rare.)