37-B §435. Approval by the Governor
§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. […]
37-B §420. Composition of court-martial
§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 […]
37-B §436. New trial
§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 […]
37-B §421. Military judge
§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 […]
37-B §437. Restoration of rights
§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 […]
37-B §422. Counsel
§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 […]
37-B §438. Included offenses
§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).
37-B §423. Court reporters
§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. […]
37-B §439. Attempts
§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 […]
37-B §424. Members of court-martial
§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 […]