Section 32.1071 – Execution of Sentence; Approval; Suspension.
32.1071 Execution of sentence; approval; suspension. Sec. 71. (1) A court-martial sentence involving a general officer or extending to the dismissal of an officer other than a general officer shall not be executed until approved by the governor. The governor may approve the sentence or a part, amount, or commuted form of the sentence and […]
Section 32.1072 – Violation of Probation; Hearing; Representation by Counsel; Sending Record of Hearing and Recommendation for Action to Governor or Commanding Officer of Force; Vacating Suspension of Sentence.
32.1072 Violation of probation; hearing; representation by counsel; sending record of hearing and recommendation for action to governor or commanding officer of force; vacating suspension of sentence. Sec. 72. (1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of a general […]
Section 32.1073 – Petition for New Trial; Grounds; Time Limitation.
32.1073 Petition for new trial; grounds; time limitation. Sec. 73. Not later than 1 year after approval of a court-martial sentence, pursuant to section 71, which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on the grounds of newly discovered evidence or fraud. History: 1980, Act 523, […]
Section 32.1074 – Remitting or Suspending Part or Amount of Unexecuted Sentence; Substituting Administrative Form of Discharge for Dishonorable Discharge or Dismissal.
32.1074 Remitting or suspending part or amount of unexecuted sentence; substituting administrative form of discharge for dishonorable discharge or dismissal. Sec. 74. (1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (2) The governor, for good cause, may substitute an administrative […]
Section 32.1075 – Restoration of Rights, Privileges, and Property Affected by Executed Part of Court-Martial Sentence That Is Set Aside or Disapproved; Exception; Substituting Administrative Form of Discharge Where Previously Executed Sentence of Dishonorable Discharge or Dismissal Not Imposed on New Trial; Exception; Reappointment of Dismissed Officer.
32.1075 Restoration of rights, privileges, and property affected by executed part of court-martial sentence that is set aside or disapproved; exception; substituting administrative form of discharge where previously executed sentence of dishonorable discharge or dismissal not imposed on new trial; exception; reappointment of dismissed officer. Sec. 75. (1) Each right, privilege, and property affected by […]
Section 32.1060 – Forwarding Record to Convening Authority as Reviewing Authority; Exception; Action on Record.
32.1060 Forwarding record to convening authority as reviewing authority; exception; action on record. Sec. 60. Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority. Action on the record may be taken by the person who convened the court, a commanding […]
Section 32.1061 – Referring Record to State Judge Advocate; Review and Opinion.
32.1061 Referring record to state judge advocate; review and opinion. Sec. 61. Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general court-martial to the state judge advocate who shall review the record and submit a written opinion on the record […]
Section 32.1062 – Returning Record to Court for Action; Reasons.
32.1062 Returning record to court for action; reasons. Sec. 62. (1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (2) […]
Section 32.1063 – Disapproval by Convening Authority of Findings and Sentence; Reasons; Rehearing; Dismissal of Charges; Sentence.
32.1063 Disapproval by convening authority of findings and sentence; reasons; rehearing; dismissal of charges; sentence. Sec. 63. (1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence in the record to support the findings, may order a rehearing. The convening authority […]
Section 32.1064 – Approval by Convening Authority of Findings of Guilty and Sentence; Approval of Sentence as Approval of Findings.
32.1064 Approval by convening authority of findings of guilty and sentence; approval of sentence as approval of findings. Sec. 64. In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or part or amount of the sentence as the convening authority finds […]