US Lawyer Database

§ 33-13-311. Challenges

The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one (1) person at a time. […]

§ 33-13-313. Oaths

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The oath or affirmation shall be taken, and shall read as follows: Court members: “You,_______________ , do swear (or affirm) […]

§ 33-13-315. Statute of limitations

A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation. Except as otherwise provided in this section, a person charged with offenses punishable under this code is not liable to be tried by court-martial […]

§ 33-13-317. Former jeopardy

No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense. No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of […]

§ 33-13-319. Pleas of the accused

If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through a lack of understanding of its meaning and effect, or if he fails or refuses to plead, a […]

§ 33-13-321. Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel, the accused, if not represented by counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses. The military judge or summary court officer of a court-martial may: Issue a warrant for the arrest of […]

§ 33-13-323. Refusal to appear or testify

Any person not subject to this code who: Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer or peace officer designated to take a deposition to be read in evidence before a court; and Has been duly paid […]

§ 33-13-301. Governor may prescribe rules

The pretrial, trial and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals and courts of inquiry may be prescribed by the Governor by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of […]

§ 33-13-303. Unlawfully influencing action of court

No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of […]