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 […]
Section 13A-716 – Voting and Rulings
(a) (1) Voting by members of a general or special court–martial on the findings and on the sentence shall be by secret written ballot. (2) The junior member of the court shall count the votes. (3) The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. […]
Section 13A-702 – Unlawfully Influencing Action of Court
(a) (1) No authority convening a general, special, or summary court–martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise […]
Section 13A-717 – Number of Votes Required
(a) A person may not be convicted of an offense in a general or special court–martial, other than: (1) after a plea of guilty under § 13A–710 of this subtitle; (2) by a military judge in a court–martial with a military judge alone under § 13A–401 of this title; or (3) in a court–martial with members under § 13A–401 […]
Section 13A-703 – Duties of Trial Counsel and Defense Counsel
(a) The trial counsel of a general or special court–martial shall: (1) be a member in good standing of the State bar; (2) prosecute in the name of the State; and (3) under the direction of the court, prepare the record of the proceedings. (b) (1) The accused has the right to be represented in defense before a general or special […]
Section 13A-718 – Court to Announce Action
(a) A court–martial shall announce its findings and sentence to the parties as soon as determined. (b) (1) Except as provided in paragraph (2) of this subsection, if the accused is convicted of an offense in a trial by general or special court–martial, the military judge shall sentence the accused. (2) If the accused is convicted of an offense […]
Section 13A-704 – Sessions
(a) At any time after the service of charges that have been referred for trial to a court–martial composed of a military judge and members, the military judge may, subject § 13A–606 of this title, call the court into session without the presence of the members for the purpose of: (1) hearing and determining motions raising defenses […]
Section 13A-718.1 – Plea Agreements
(a) (1) At any time before the announcement of findings under § 13A–718 of this subtitle, the convening authority and the accused may enter into a plea agreement with respect to such matters as: (i) the manner in which the convening authority will dispose of one or more charges and specifications; and (ii) limitations on the sentence that may […]
Section 13A-503 – Who May Convene Summary Courts-Martial
(a) A summary court–martial may be convened by: (1) a person who may convene a general or special court–martial; (2) the commanding officer of a detached company or other detachment, or corresponding unit of the Army; (3) the commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or (4) the commanding officer or […]
Section 13A-504 – Who May Serve on Courts-Martial
(a) A commissioned officer of the State military forces is eligible to serve on all courts–martial for the trial of a person subject to this title. (b) A warrant officer of the State military forces is eligible to serve on general and special courts–martial for the trial of a person subject to this title, other than a […]