Section 13A-719 – Record of Trial
(a) (1) Each general and special court–martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. (2) If the record cannot be authenticated by the military judge by reason of the judge’s death, disability, or absence, it shall be authenticated […]
Section 13A-714 – Depositions
(a) At any time after charges have been signed as provided in § 13A–601 of this title, any party may take oral or written depositions unless the military judge or summary court–martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court–martial for the trial of those […]
Section 13A-715 – Admissibility of Records of Courts of Inquiry
(a) (1) Subject to paragraphs (2) and (3) of this subsection, in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, […]
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 […]
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 […]