37-B §431. Approval of findings and sentence
§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 […]
37-B §432. Reconsideration
§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 […]
37-B §433. Appeal
§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 […]
37-B §434. Judicial review
§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 […]
37-B §404. Places where applicable
§404. Places where applicable This Code applies in all places where personnel of military forces are present. [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).
37-B §419. Convening a court-martial
§419. Convening a court-martial The convening authority of a court-martial under this Code shall be the Governor or the Adjutant General. [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).
37-B §405. Judge advocates
§405. Judge advocates The Adjutant General shall appoint judge advocates for the Army National Guard and judge advocates for the Air National Guard. The Adjutant General shall appoint as state judge advocate one of the judge advocates from the National Guard. [PL 2001, c. 662, §43 (AMD).] SECTION HISTORY PL 1983, c. 460, §3 […]
37-B §406. Apprehension
§406. Apprehension 1. Meaning. Apprehension is the taking into custody of a person. [PL 1983, c. 460, §3 (NEW).] 2. By military authority. Any person authorized by law or regulations governing the military forces to apprehend persons subject to this Code or to trial thereunder may do so upon reasonable belief that an offense […]
37-B §407. Arrest or confinement
§407. Arrest or confinement 1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. “Arrest” is the restraint of a person by an order directing the person to remain within certain specified limits and that is not imposed as a punishment for an offense. […]
37-B §408. Designated jails
§408. Designated jails Confinement other than in a guard house, whether prior to, during or after trial by a military court, shall be executed in correctional centers designated by the Governor or by the Adjutant General for that purpose. [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).