When someone in the United States Army faces court-martial and is found guilty, the process doesn't just end with the verdict. The DA Form 4917 plays a crucial role in the aftermath, specifically regarding the appellate rights of the accused. The Army uses this form to inform individuals of their right to appeal the decision made by the United States Army Court of Criminal Appeals (ACCA). This form provides a structured method for the Army to advise the accused on several critical aspects: the affirmation of the guilty findings, the option to petition the United States Court of Appeals for the Armed Forces, the availability of legal representation (either civilian at no cost to the United States, detailed military lawyer, or both), and the necessary steps to finalize the conviction and sentence or to request further action. Additionally, it outlines how and when to contact appellate defense counsel and the process for submitting a "Request for Final Action" if the individual chooses not to petition. Complete with a list of enclosures, including the decision of the ACCA, petition forms, and a prepaid envelope, the DA Form 4917 serves as a comprehensive guide for those navigating the complexities of military justice post-verdict, ensuring the accused is fully informed of their rights and the procedures to follow.
| Question | Answer |
|---|---|
| Form Name | Da Form 4917 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | A4917 form 4917 |
ADVICE AS TO APPELLATE RIGHTS
For use of this form, see AR
NOTE: This form may be used to serve the United States Army Court of Criminal Appeals (ACCA) decision by mail or as a guide to inform the accused of his rights when serving him personally.
TO: (Name and Address of Accused)
FROM: (Include Unit and Installation)
1. In the attached decision, dated the |
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, the United States Army Court |
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of Criminal Appeals (ACCA) in the |
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(Name of Accused) |
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, affirmed the findings of guilty and only so much |
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(ACCA Docket No.) |
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of the sentence as provides for |
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(Partial affirmance of the findings of guilty and/or sentence)
2. You, |
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, are hereby advised as follows: |
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(Name and Rank of Accused) |
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a.You may petition the United States Court of Appeals for the Armed Forces with respect to any matter of law within sixty (60) days from the time you receive the decision of the United States Army Court of Criminal Appeals or the envelope containing the decision was postmarked, whichever is earlier.
b.In connection with the preparation of the petition (the necessary forms are attached for your use) and representation before the United States Court of Appeals for the Armed Forces, you have the right either to have a civilian lawyer provided at no expense to the United States, a detailed military lawyer, or both a civilian lawyer and detailed military lawyer.
c.If you do not desire to petition the United States Court of Appeals for the Armed Forces, action will be taken to finalize your conviction and the sentence within sixty (60) days from the time you receive the decision of the United States Army Court of Criminal Appeals or the envelope containing the decision is postmarked, whichever is earlier. Should you wish to finalize the findings of guilty as affirmed by the United States Army Court of Criminal Appeals before such time, you may submit a "Request for Final Action," DA Form 4919.
d.To assist you in making your determination of whether to petition the United States Court of Appeals for the Armed Forces, or whether
to submit a "Request for Final Action," you may contact your appellate defense counsel who represented you before the United States Army Court of Criminal Appeals. If you have difficulty contacting your appellate defense counsel, you may get help by calling the Army Defense Appellate Division collect at (703)
ADDRESS
TELEPHONE NUMBER
e. In order to protect your rights you should take the following action:
(1)Contact your appellate defense counsel as soon as possible for advice.
(2)If you wish to petition the United States Court of Appeals for the Armed Forces, complete all the forms entitled, "Petition for Grant of Review," DA Form 4918. Sign all the forms, and mail or deliver the forms to the United States Court of Appeals for the Armed Forces, 450 E Street, NW, Washington, DC 20442, prior to the lapse of the sixty (60) days period mentioned above.
(3)You may use the enclosed, properly addressed envelope, which requires no postage, for mailing the "Petition for Grant of Review" forms to the United States Court of Appeals for the Armed Forces.
LIST OF ENCLOSURES (Enclosures should include: 1) Decision ACCA (one); 2) DA Form 4918, Petition for Grant of Review (five); and 3) Envelope (USCAAF).)
TYPED NAME OF SJA REPRESENTATIVE OR DESIGNEE
GRADE SIGNATURE
DATE (YYYYMMDD)
DA FORM 4917, JUN 2009
PREVIOUS EDITIONS ARE OBSOLETE. |
APD PE v1.00ES |