§ 12-64-714 - Appeal to Supreme Court or Court of Appeals. - Arkansas Statutes

12-64-714. Appeal to Supreme Court or Court of Appeals.

(a) When an accused has exhausted all of his rights of review within the organized militia, he may appeal the conviction and sentence of a court-martial to the Supreme Court or, if Supreme Court Rules provide, to the Court of Appeals.

(b) The proceedings for an appeal shall be initiated by filing a notice of appeal with the State Adjutant General. The notice of appeal shall be served on the State Adjutant General personally or by certified mail. It shall be unnecessary to serve other parties. Any appeal shall be filed with the State Adjutant General no more than thirty (30) days after the effective date of the sentence under 12-64-604.

(c) The record of any court-martial conviction and sentence appealed shall be lodged in the office of the clerk of the court within the time prescribed by law or court rule for filing an appeal of a criminal conviction in a circuit court in this state, and not thereafter, and only after the party appealing has paid to the Adjutant General the costs for preparation of the transcript and to the court clerk the filing costs.

(d) In all cases of appeal to the Supreme Court or Court of Appeals, the appeal shall be taken on the record in the case, consisting of pertinent documents and papers, any transcript of evidence, and the findings and orders. The appellate jurisdiction of the Supreme Court and Court of Appeals shall extend only to questions of law, as in criminal cases appealed from the circuit courts.

(e) Upon request of the defendant, the State Judge Advocate may appoint an attorney having the qualifications prescribed in 12-64-410(c) to represent the defendant in the appeal of his court-martial conviction and sentence to the Supreme Court or Court of Appeals.

(f) Indigent defendants shall have the same right to appointed appellate defense counsel as accused persons not in the military. On an appeal, the state shall be represented by the Attorney General or his designee.