§ 12-64-714. Appeal
(a) (1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals. (B) The […]
§ 12-64-609. Fines and forfeitures
(a) Fines may be paid to a military court or to an officer executing its process. (b) (1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the […]
§ 12-64-801. Persons to be tried or punished
A person shall not be tried or punished for any offense provided for in this code unless the offense was committed while in a duty status or in conjunction with a fraudulent or unlawful enlistment or appointment.
§ 12-64-610. Delinquent fines or forfeitures
(a) (1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and interest to which the Department of […]
§ 12-64-701. Initial action on the record
After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the Governor.
§ 12-64-702. General court-martial records
The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
§ 12-64-703. Reconsideration and revision
(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (b) (1) Where there is an apparent error or omission in […]
§ 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 […]