§ 12-64-704. Review of records — Disposition
(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 […]
§ 12-64-705. Approval by convening authority
In acting on the findings and sentence of a court-martial, the convening authority may approve 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 as he or she in his or her discretion determines should be approved. […]
§ 12-64-706. Error of law — Lesser included offense
(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the […]
§ 12-64-707. Rehearings
(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. (2) In such a case he or she shall state the reasons for disapproval. (3) If he or she […]
§ 12-64-708. Change in sentence
(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
§ 12-64-709. Vacation of suspension of sentence
(a) (1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. (2) The probationer shall be represented at the hearing by […]
§ 12-64-710. Review counsel
The accused has the right to be represented during a review of records under this subchapter by: (1) Civilian counsel if provided by the accused; (2) Military counsel of the accused’s own selection if reasonably available; or (3) The defense counsel detailed under this code.
§ 12-64-711. Finality of proceedings, findings, and sentences
(a) The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required herein, are final and conclusive. (b) Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings […]
§ 12-64-712. Petition for a new trial
At any time within two (2) years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
§ 12-64-713. New trial — Effect on sentence
(a) Under such rules as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a […]