Judicial Review by Guam Appellate Court

(a)An accused, who was tried by a court-martial and who still deems himself aggrieved after he has exhausted all of his rights of military review under this Code, may, if provided for by disciplinary regulations, appeal the judgment or sentence of the court-martial, as may have been modified on review under this Code prior to judicial review under this article to appellate courts as may be available to cases appealed from the Superior Court of Guam. CH. 63 GUAM NATIONAL GUARD

(b)The filing of an appeal pursuant to subsection

(a)shall not of itself stay the execution of the judgment or sentence appealed from, but the appellate court may stay the same upon motion upon such conditions as it may deem proper, notwithstanding any conflicting or contrary provision of this Code or disciplinary regulations relating to the effective date or execution of sentences or any other contrary provision of law.

(c)Counsel on appeal shall be at the expense of the accused unless the accused, upon written request to the Guam Judge Advocate General, requests representation on appeal and furnishes documentation of his or her financial inability to retain counsel, and the Guam Judge Advocate certifies the accused’s financial inability to the Adjutant General, then in that case the Adjutant General may authorize the Guam Judge Advocate General to provide representation for the accused on said appeal and said counsel must be certified competent as provided by this Code. Guam shall be responsible for any compensation owed counsel appointed by this article and said counsel shall be paid as any other attorney in criminal court appointment matters.