(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final.
(b) (1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor.
(2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review.
(c) All other court-martial records shall be sent to a judge advocate and shall be acted upon, transmitted, and disposed of as shall be prescribed by the Governor.
(d) (1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review.
(2) The State Judge Advocate shall take final action in any case reviewable by him or her.
(3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.
(e) If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate shall be limited to questions of jurisdiction.
(f) (1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved.
(2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(g) (1) If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing.
(2) If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
(3) In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review.
(4) If he or she has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.
(h) (1) The State Judge Advocate:
(A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and
(B) Shall order a board of review to hear the appeal of any court-martial demanded under ยง 12-64-714.
(2) Each board of review shall review the record of any trial by court-martial referred to it by the State Judge Advocate.
(3) Boards of review have the same authority on review as the State Judge Advocate has under this section.
Section: Previous 12-64-702 12-64-703 12-64-704 12-64-705 12-64-706 12-64-707 12-64-708 12-64-709 12-64-710 12-64-711 12-64-712 12-64-713 12-64-714 NextLast modified: November 15, 2016