§420. Composition of court-martial 1. Commissioned officer. A commissioned officer is eligible to serve on any court-martial for the trial of a person who may lawfully be brought before the court for trial. [PL 1983, c. 460, §3 (NEW).] 2. Warrant officer. A warrant officer is eligible to serve on a court-martial for the […]
§421. Military judge 1. Appointment. The authority convening a court-martial shall designate a military judge to preside over each case. [PL 1983, c. 460, §3 (NEW).] 2. Qualifications. A military judge shall: A. Possess the following military qualifications: (1) Be a commissioned officer of the state military forces; (2) Be a […]
§422. Counsel 1. Appointment. For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel, or unless expressly […]
§423. Court reporters The convening authority of a court-martial, shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. If a court reporter is not available, the Governor or Adjutant General may authorize the use of audio tape or other electronic transcription equipment to record proceedings. […]
§424. Members of court-martial 1. Absence. No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused, except for physical disability or as a result of a challenge or by order of the convening authority for good cause. [PL 1983, c. 460, §3 […]
§425. Pretrial procedures Except as provided otherwise by this Code, the pretrial and trial procedures before a court-martial must be in accordance with the procedures set forth in the United States Uniform Code of Military Justice, Title 10, United States Code, Chapter 47, for a special court-martial and the United States Manual for Courts-Martial as […]
§426. Limitation of charges A person may not be tried by court-martial or punished under section 415‑A if the offense with which that person is charged was committed more than 2 years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction. [RR 2001, c. 2, Pt. A, §44 (COR).] […]
§427. Witnesses 1. Oaths. A military judge detailed under this Code may administer oaths. [PL 1983, c. 460, §3 (NEW).] 2. Subpoena. A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs […]
§428. Execution of sentences 1. Imprisonment. Under instructions issued by the Governor, a sentence of imprisonment adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by imprisonment in any place designated as provided in section […]
§429. Record of trial After a trial by court-martial, the record shall be forwarded to the convening 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 any officer exercising court-martial jurisdiction. [PL 1983, c. 460, §3 […]
§430. State judge advocate’s opinion The convening authority shall refer the record of each court-martial to the state judge advocate, who shall submit 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 […]
§431. Approval of findings and sentence 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 the convening authority finds correct in law and fact and as the convening authority in the convening […]
§432. Reconsideration 1. Return of record. 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. [PL 1983, c. 460, §3 […]
§433. Appeal Upon petition of the accused, the Supreme Judicial Court shall review the record of any court-martial approved by the convening authority. [PL 2001, c. 662, §54 (AMD).] The accused shall file the petition for review within 30 days of the time the accused is notified of the approval of the case by […]
§434. Judicial review In any case reviewed by it, the Supreme Judicial Court may act with respect to any of the findings and sentence as approved by the convening authority. The Supreme Judicial Court shall take action only with respect to matters of law. [PL 1983, c. 460, §3 (NEW).] If the Supreme Judicial […]
§435. Approval by the Governor No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount or commuted form of the sentence as the Governor sees fit, and may suspend the execution of the sentence or any part of the sentence. [RR 2019, c. […]
§436. New trial At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record and such other evidence as […]
§437. Restoration of rights 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 that executed part is included in a sentence imposed upon the new […]
§438. Included offenses An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).
§439. Attempts An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense. [PL 1983, c. 460, §3 (NEW).] Any person subject to this Code who attempts to commit any […]
