Michigan Compiled Laws 523-1980-7 Article 7 (32.1036...32.1054)

• Section 32.1036 Procedure To Conform With Code, Rules, And Manual For Courts-martial United States, 1969; Rules Of Evidence.
  (1) All procedure shall be in conformity with this code, with rules which may be promulgated by the adjutant general, and where not inconsistent,...
• Section 32.1037 Convening Authority Or Commanding Officer; Censuring, Reprimanding, Or Admonishing Court; Coercing Or Influencing By Unauthorized Means; Action Of Court-martial Or Member Of Court-martial; Applicability; Preparing Report Or Making Determination Concerning Advancement, Assignment, Transfer, Or Retention Of Member Of State Military Forces.
  (1) An authority convening a general, special, or summary court-martial, or any other commanding officer or officer serving on the staff of the commanding...
• Section 32.1038 Duties Of Trial Counsel; Right Of Accused To Representation By Civilian Counsel, Military Counsel, Or Defense Counsel; Associate Counsel; Conviction; Brief; Assistant Trial Counsel And Assistant Defense Counsel; Performance Of Duties.
  (1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the...
• Section 32.1039 Military Judge; Calling Court Into Session Without Presence Of Members; Purposes; Proceedings To Be Made Part Of Record And Conducted In Presence Of Certain Persons.
  (1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and...
• Section 32.1040 Continuances.
  The military judge or a court-martial without a military judge, for reasonable cause, may grant a continuance to any party for a period, and...
• Section 32.1041 Challenges For Cause And Peremptory Challenges.
  (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause...
• Section 32.1042 Persons Required To Take Oath Or Affirmation In Presence Of Accused; Examination Of Witnesses On Oath Or Affirmation.
  (1) Before performing their respective duties, interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant...
• Section 32.1043 Trial And Punishment; Limitations; Computation Of Time Period.
  (1) A person charged with desertion or absence without leave when the governor, by proclamation has declared a grave state of emergency, or with...
• Section 32.1044 Trial Of Accused Twice For Same Offense Prohibited.
  (1) A person subject to this code shall not be tried a second time by a civil court or a military court of the...
• Section 32.1045 Entering Plea Of Not Guilty In Record; Entering Finding Of Guilty Where Plea Of Guilty Made And Accepted; Withdrawal Of Guilty Plea.
  (1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea,...
• Section 32.1046 Obtaining Witnesses And Other Evidence; Equal Opportunity; Powers Of Military Judge Or Summary Court Officer; Process Issued In Court-martial To Run To Any Part Of State.
  (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. (2) The military judge...
• Section 32.1047 Offenses Against State; Compliance With Subpoena; Attendance, Qualification, And Testifying As Witness; Production Of Evidence; Trial; Jurisdiction; Punishment.
  (1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or...
• Section 32.1048 Military Court; Contempt Power; Punishment.
  A military court may punish for contempt a person subject to this code who wilfully and unlawfully refuses to be sworn or to affirm...
• Section 32.1049 Depositions.
  (1) At any time after charges have been signed as provided in section 30, a party may take an oral or written deposition unless...
• Section 32.1050 Reading In Evidence Sworn Testimony Of Person Whose Oral Testimony Not Obtainable; Conditions.
  (1) If not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court...
• Section 32.1050a Lack Of Mental Responsibility As Affirmative Defense.
  (1) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense,...
• Section 32.1051 Voting By Members Of Court-martial On Findings And On Sentence; Rulings By Military Judge Upon Questions Of Law Or Interlocutory Questions; Finality; Instructing Court As To Elements Of Offense And Charge; Court-martial Composed Of Military Judge Only; Procedure.
  (1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret, written ballot. The...
• Section 32.1052 Conviction And Sentence; Concurrence Of 2/3 Of Members Present Required; Determination Of Questions By Majority Vote Or Lesser Vote; Tie Vote.
  (1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the...
• Section 32.1053 Announcement By Court-martial Of Findings And Sentence.
  A court-martial shall announce its findings and sentence to the parties as soon as determined by the court. History: 1980, Act 523, Eff. Mar....
• Section 32.1054 Record Of Proceedings; Authentication; Contents; Filing Original And Copies Of Trial Record.
  (1) Each general and special court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated by the...

Last modified: October 10, 2016