2022 Wisconsin Statutes & Annotations
Chapter 322 - Wisconsin code of military justice.
322.0675 - Article 67a — Review by state appellate authority.
322.0675 Article 67a — Review by state appellate authority. Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the Wisconsin court of appeals, District IV and, if necessary, to the Wisconsin Supreme Court. The appellate procedures to be followed shall be those provided under ch. 809.
History: 2007 a. 200; 2009 a. 179.
In reviewing sentences under this section, a Wisconsin appellate court will apply the same deferential review it normally applies to sentencing. When it engages in appellate review under this section, the court is to conduct appellate review as would a military appellate court, following the federal Uniform Code of Military Justice and the federal military law interpreting that code, so far as it is “practical” to do so. Applying the relevant dictionary definitions, Wisconsin appellate judges are unable to conduct the sort of independent review required by federal military law in a useful and unspeculative manner. State v. Riemer, 2017 WI App 48, 377 Wis. 2d 189, 900 N.W.2d 326, 16-0398.
