Section 13A-912 – Remission and Suspension
(a) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor. (b) The Governor may, […]
Section 13A-804 – Deferment of Sentences
(a) (1) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service […]
Section 13A-805 – Execution of Confinement
(a) (1) A sentence of confinement 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 confinement in any place authorized by this title. (2) Persons so confined are subject to the same discipline and treatment as persons […]
Section 13A-806 – Sentences: Reduction in Enlisted Grade on Approval
(a) A court–martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad–conduct discharge or confinement reduces that member to pay grade E–1, effective on the date of that approval. (b) If the sentence of a member who is reduced in pay grade under […]
Section 13A-807 – Sentences: Forfeiture of Pay and Allowances During Confinement
(a) (1) A court–martial sentence described in paragraph (4) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. (2) The forfeiture pursuant to this article shall take effect on the date determined under § 13A–803 of this subtitle and may be deferred […]
Section 13A-901 – Error of Law; Lesser Included Offense
(a) A finding or sentence of a court–martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding […]
Section 13A-902 – Action by the Convening Authority
(a) The findings and sentence of a court–martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) (1) (i) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. (ii) A submission under subparagraph (i) of this paragraph shall be in […]
Section 13A-903 – Waiver of Right to Appeal
(a) (1) In each case subject to appellate review under this title, the accused may file with the convening authority a statement expressly waiving the right of the accused to such appeal. (2) Such a waiver shall be signed by both the accused and defense counsel for the accused and shall be filed in accordance with appellate procedures […]
Section 13A-715.1 – Defense of Lack of Mental Responsibility
(a) (1) It is an affirmative defense in a trial by court–martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. (2) Mental disease or defect does not […]
Section 13A-701 – Military Rules of Evidence and the Rules for Courts-Martial
(a) The Military Rules of Evidence and the Rules for Courts–Martial, as promulgated in the most recent version of the Manual for Courts–Martial, shall as recognized in military criminal cases in the courts of the armed forces apply to the extent practical to courts–martials convened by the Maryland National Guard to the extent they do not […]