Section 32.1039 – Military Judge; Calling Court Into Session Without Presence of Members; Purposes; Proceedings to Be Made Part of Record and Conducted in Presence of Certain Persons.
32.1039 Military judge; calling court into session without presence of members; purposes; proceedings to be made part of record and conducted in presence of certain persons. Sec. 39. (1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military […]
Section 32.1054 – Record of Proceedings; Authentication; Contents; Filing Original and Copies of Trial Record.
32.1054 Record of proceedings; authentication; contents; filing original and copies of trial record. Sec. 54. (1) Each general and special court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by […]
Section 32.1040 – Continuances.
32.1040 Continuances. Sec. 40. The military judge or a court-martial without a military judge, for reasonable cause, may grant a continuance to any party for a period, and as often, as appears to be just. History: 1980, Act 523, Eff. Mar. 31, 1981
Section 32.1041 – Challenges for Cause and Peremptory Challenges.
32.1041 Challenges for cause and peremptory challenges. Sec. 41. (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a […]
Section 32.1042 – Persons Required to Take Oath or Affirmation in Presence of Accused; Examination of Witnesses on Oath or Affirmation.
32.1042 Persons required to take oath or affirmation in presence of accused; examination of witnesses on oath or affirmation. Sec. 42. (1) Before performing their respective duties, interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation […]
Section 32.1043 – Trial and Punishment; Limitations; Computation of Time Period.
32.1043 Trial and punishment; limitations; computation of time period. Sec. 43. (1) A person charged with desertion or absence without leave when the governor, by proclamation has declared a grave state of emergency, or with aiding the enemy, or mutiny, shall be tried and punished at any time without limitation. (2) A person charged with […]
Section 32.1044 – Trial of Accused Twice for Same Offense Prohibited.
32.1044 Trial of accused twice for same offense prohibited. Sec. 44. (1) A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense. (2) A proceeding in which an accused is found guilty by a court-martial upon a […]
Section 32.1045 – Entering Plea of Not Guilty in Record; Entering Finding of Guilty Where Plea of Guilty Made and Accepted; Withdrawal of Guilty Plea.
32.1045 Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea. Sec. 45. (1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the […]
Section 32.1046 – Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court-Martial to Run to Any Part of State.
32.1046 Obtaining witnesses and other evidence; equal opportunity; powers of military judge or summary court officer; process issued in court-martial to run to any part of state. Sec. 46. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. (2) The military judge or a […]
Section 32.1047 – Offenses Against State; Compliance With Subpoena; Attendance, Qualification, and Testifying as Witness; Production of Evidence; Trial; Jurisdiction; Punishment.
32.1047 Offenses against state; compliance with subpoena; attendance, qualification, and testifying as witness; production of evidence; trial; jurisdiction; punishment. Sec. 47. (1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or proceedings in the circuit courts of this state if that […]