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To: Red Steel
It's a complete guarantee that it will be heard at the first level of appellate of review.

I don't think so. Appeal is guaranteed depending on the sentence that the court martial imposes. But since Lakin pled guilty to all but one of the charges, the additional punishment incurred from the missing movement conviction may not rise to the level of an automatic appeal.

61 posted on 12/15/2010 1:49:22 PM PST by Non-Sequitur
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To: Non-Sequitur
I don't think so.

I know so if this happens.

Here it is right out of a military publication:

"The first level of formal appellate review. The court may approve, disapprove, or modify the convening authority's finding and sentence. Unless waived by the accused, this court reviews, every record of trial in which death is the sentence; that evolves dismissal of a commissioned officer, cadet, or midshipmen; that sentenced a member to a dishonorable or bad conduct discharge; or in which the sentence is confinement of 1 year or more."

But since Lakin pled guilty to all but one of the charges, the additional punishment incurred from the missing movement conviction may not rise to the level of an automatic appeal.

Yes he pled "not guilty" to the missing movement. Obots should be wishing that he gets the least...as in staying in the military.

94 posted on 12/15/2010 2:06:31 PM PST by Red Steel
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