Section 32.1053 – Announcement by Court-Martial of Findings and Sentence.
32.1053 Announcement by court-martial of findings and sentence. Sec. 53. A court-martial shall announce its findings and sentence to the parties as soon as determined by the court. History: 1980, Act 523, Eff. Mar. 31, 1981
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 32.1036 – Procedure to Conform With Code, Rules, and Manual for Courts-Martial United States, 1969; Rules of Evidence.
32.1036 Procedure to conform with code, rules, and manual for courts-martial United States, 1969; rules of evidence. Sec. 36. (1) All procedure shall be in conformity with this code, with rules which may be promulgated by the adjutant general, and where not inconsistent, with the manual for courts-martial United States, 1969. (2) The rules of […]
Section 32.1037 – Convening Authority or Commanding Officer; Censuring, Reprimanding, or Admonishing Court; Coercing or Influencing by Unauthorized Means; Action of Court-Martial or Member of Court-Martial; Applicability; Preparing Report or Making Determination Concerning Advancement, Assignment, Transfer, or Retention of Member of State Military Forces.
32.1037 Convening authority or commanding officer; censuring, reprimanding, or admonishing court; coercing or influencing by unauthorized means; action of court-martial or member of court-martial; applicability; preparing report or making determination concerning advancement, assignment, transfer, or retention of member of state military forces. Sec. 37. (1) An authority convening a general, special, or summary court-martial, or […]
Section 32.1038 – Duties of Trial Counsel; Right of Accused to Representation by Civilian Counsel, Military Counsel, or Defense Counsel; Associate Counsel; Conviction; Brief; Assistant Trial Counsel and Assistant Defense Counsel; Performance of Duties.
32.1038 Duties of trial counsel; right of accused to representation by civilian counsel, military counsel, or defense counsel; associate counsel; conviction; brief; assistant trial counsel and assistant defense counsel; performance of duties. Sec. 38. (1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the […]