TRIAL STAGES: Appeals: Grostefon


United States v. Douglas, 56 MJ 168 (the generous protections afforded by United States v. Grostefon, 12 MJ 431 (CMA 1982), do not obviate normal rules of appellate practice).

(under United States v. Grostefon, 12 MJ 431 (CMA 1982), the burden is on appellant to file pleadings that articulate specific issues or to otherwise articulate a colorable claim that his rights under Grostefon are not being protected).


United States v. Gray, 51 MJ 1 (United States v. Grostefon, 12 MJ 431 (CMA 1982), does not permit an appellant to raise issues in an untimely manner without good cause, and such issues should be raised in accordance with Rule 21(b)(4), United States Court of Military Appeals (now United States Court of Appeals for the Armed Forces) Rules of Practice and procedure which require “direct and concise argument showing why there is good cause to grant the petition, demonstrating with particularity why the errors assigned are materially prejudicial to the substantial rights of the appellant . . . .").

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