Section 31-2A-67 – (Article 67.) Review by State Appellate Authority.
Section 31-2A-67 (Article 67.) Review by State Appellate Authority. Decisions of the Military Court-Martial Review Panel are subject to review by the Alabama Supreme Court by writ of certiorari pursuant to Section 140 of Official Recompilation of the Constitution of Alabama of 1901, as amended. The appellate procedures to be followed shall be those provided […]
Section 31-2A-68 – (Article 68.) Reserved.
Section 31-2A-68 (Article 68.) Reserved. Reserved. (Act 2012-334, p. 790, §1.)
Section 31-2A-69 – (Article 69.) Reserved.
Section 31-2A-69 (Article 69.) Reserved. Reserved. (Act 2012-334, p. 790, §1.)
Section 31-2A-70 – (Article 70.) Appellate Counsel.
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested to do so by the state Attorney General. (b) Upon an […]
Section 31-2A-71 – (Article 71.) Execution of Sentence; Suspension of Sentence.
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal […]
Section 31-2A-72 – (Article 72.) Vacation of Suspension.
Section 31-2A-72 (Article 72.) Vacation of suspension. (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 court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be […]
Section 31-2A-73 – (Article 73.) Petition for a New Trial.
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. At any time within 45 days of […]
Section 31-2A-74 – (Article 74.) Remission and Suspension.
Section 31-2A-74 (Article 74.) Remission and suspension. (a) The Governor may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The Governor, for good cause, may substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a […]
Section 31-2A-75 – (Article 75.) Restoration.
Section 31-2A-75 (Article 75.) Restoration. (a) Under such regulations as may be prescribed, 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 […]
Section 31-2A-76 – (Article 76.) Finality of Proceedings, Findings, and Sentences.
Section 31-2A-76 (Article 76.) Finality of proceedings, findings, and sentences. The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation […]