• § 38-2-1059 - Effect of Error of Law on Appeal; Material Prejudice; Lesser Included Offense
  (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error...
• § 38-2-1060 - Report of Findings and Sentence; Submission of Matters for Consideration to Convening Authority; Record of Trial; Modification of Findings and Sentence; Recommendation of Staff Judge Advocate; Proceeding in Revision; Rehearing
  (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.(b) (1) The...
• § 38-2-1061 - Withdrawal of Appeal
  (a) In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the...
• § 38-2-1062 - State May Appeal Certain Rulings
  (a) (1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a...
• § 38-2-1063 - Rehearings; Grounds; Members of Court; Effect on Sentence
  Each rehearing under this article shall take place before a court-martial composed of members who were not members of the court-martial which first heard...
• § 38-2-1064 - Guilty Findings Reviewed by State Judge Advocate
  (a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state judge advocate...
• § 38-2-1065 - Disposition of Trial Records
  Except as otherwise required by this article, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulations...
• § 38-2-1066 - Reserved
  Title NoteChapter NoteArticle Note
• § 38-2-1067 - Court-Martial Review Panel; Members; Rules and Regulations
  (a) (1) There shall be the court-martial review panel which shall hear appeals of decisions of a court-martial. (2) The Governor shall appoint five...
• § 38-2-1068 - And 38-2-1069. Reserved
  Title NoteChapter NoteArticle Note
• § 38-2-1070 - Appellate Government Counsel
  (a) The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of...
• § 38-2-1071 - Execution of Sentence Extending to Dismissal or Dishonorable or Bad Conduct Discharge
  (a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused...
• § 38-2-1072 - Vacation of Suspension of Sentence; Hearing; Legal Representation by Military Counsel; Record of Hearing
  (a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad conduct discharge, or of any general...
• § 38-2-1073 - Petition for New Trial; Time Period; Grounds
  (a) At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority...
• § 38-2-1074 - Remission or Suspension of Sentence; Modification of Type of Discharge by Governor
  (a) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed...
• § 38-2-1075 - Restoration of Rights, Privileges, and Property, in Event of Remission; Administrative Discharge; Reinstatement
  (a) Under such regulations as may be prescribed pursuant to this chapter, all rights, privileges, and property affected by an executed part of a...
• § 38-2-1076 - Finality of Proceedings, Findings, and Sentences; Binding Effect
  The appellate review of records of trial provided by this article, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as...
• § 38-2-1076.1 - Court-Martial Sentence Requires Taking Leave
  Under regulations prescribed pursuant to Part 1 of Article 2 of this chapter, an accused who has been sentenced by a court-martial shall be...

Last modified: October 14, 2016