Michigan Compiled Laws 523-1980-9 Article 9 (32.1060...32.1075)

• Section 32.1060 Forwarding Record To Convening Authority As Reviewing Authority; Exception; Action On Record.
  Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority....
• Section 32.1061 Referring Record To State Judge Advocate; Review And Opinion.
  Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general...
• Section 32.1062 Returning Record To Court For Action; Reasons.
  (1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty,...
• Section 32.1063 Disapproval By Convening Authority Of Findings And Sentence; Reasons; Rehearing; Dismissal Of Charges; Sentence.
  (1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence...
• Section 32.1064 Approval By Convening Authority Of Findings Of Guilty And Sentence; Approval Of Sentence As Approval Of Findings.
  In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or...
• Section 32.1065 Finality Of Action On Review Of Trial Record Where Governor Is Convening Authority; Review Of Trial Record By State Judge Advocate General; Opinion; Final Action; Authority Of Governor Or State Judge Advocate General In Reviewable Cases; Instructing Convening Authority To Take Action Pursuant To State Judge Advocate General's Decision Or Review; Exception; Dismissal Of Charges Upon Finding Rehearing Impracticable; Boards Of Review; Composition; Authority And Powers; Effect Of Error Of Law On Finding Or Sentence; Approving Or Affirming So Much Of Finding Of Guilty Which Includes Lesser Included Offense.
  (1) If the convening authority is the governor, the action on the review of a record of trial shall be final. (2) In all...
• Section 32.1066 Final Military Review Of Sentence Of General Court-martial Or Of Sentence To Dishonorable Discharge By Special Court-martial; Right To Counsel; Appointment By Convening Authority; Representation By Civilian Counsel.
  (1) Upon the final military review of a sentence of a general court-martial or of a sentence to a dishonorable discharge by a special...
• Section 32.1067 Military Appeals Tribunal; Establishment; Location; Appointment, Reappointment, And Terms Of Members; Eligibility; Appointment And Duties Of Chairperson; Quorum; Concurrence Necessary For Decision; Removal Of Member; Legal, Technical, And Secretarial Assistance; Compensation And Expenses; Appellate Jurisdiction; Petition For Review; Action By Tribunal; Granting Stay Or Deferring Service Of Sentence; Setting Aside Findings And Sentence; Ordering Rehearing Or Dismissing Charges; Returning Record To State Judge Advocate General; Further Action.
  (1) A military appeals tribunal is established and located for administrative purposes only in the department of military affairs. The tribunal shall consist of...
• Section 32.1068 Appeal From Final Decision Of Military Appeals Tribunal.
  An appeal may be taken to the state court of appeals from any final decision of the military appeals tribunal. History: 1980, Act 523,...
• Section 32.1070 Trial Counsel And Defense Counsel To Serve As Appellate Counsel; Right To Civilian Counsel; Disability Of Defense Or Trial Counsel.
  The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code....
• Section 32.1071 Execution Of Sentence; Approval; Suspension.
  (1) A court-martial sentence involving a general officer or extending to the dismissal of an officer other than a general officer shall not be...
• Section 32.1072 Violation Of Probation; Hearing; Representation By Counsel; Sending Record Of Hearing And Recommendation For Action To Governor Or Commanding Officer Of Force; Vacating Suspension Of Sentence.
  (1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of...
• Section 32.1073 Petition For New Trial; Grounds; Time Limitation.
  Not later than 1 year after approval of a court-martial sentence, pursuant to section 71, which extends to dismissal or dishonorable discharge, the accused...
• Section 32.1074 Remitting Or Suspending Part Or Amount Of Unexecuted Sentence; Substituting Administrative Form Of Discharge For Dishonorable Discharge Or Dismissal.
  (1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (2)...
• Section 32.1075 Restoration Of Rights, Privileges, And Property Affected By Executed Part Of Court-martial Sentence That Is Set Aside Or Disapproved; Exception; Substituting Administrative Form Of Discharge Where Previously Executed Sentence Of Dishonorable Discharge Or Dismissal Not Imposed On New Trial; Exception; Reappointment Of Dismissed Officer.
  (1) Each right, privilege, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an...

Last modified: October 10, 2016