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 […]
Section 32.1065 – Finality of Action on Review of Trial Record Where Governor Is Convening Authority; Review of Trial Record by State Judge Advocate General; Opinion; Final Action; Authority of Governor or State Judge Advocate General in Reviewable Cases; Instructing Convening Authority to Take Action Pursuant to State Judge Advocate General’s Decision or Review; Exception; Dismissal of Charges Upon Finding Rehearing Impracticable; Boards of Review; Composition; Authority and Powers; Effect of Error of Law on Finding or Sentence; Approving or Affirming So Much of Finding of Guilty Which Includes Lesser Included Offense.
32.1065 Finality of action on review of trial record where governor is convening authority; review of trial record by state judge advocate general; opinion; final action; authority of governor or state judge advocate general in reviewable cases; instructing convening authority to take action pursuant to state judge advocate general’s decision or review; exception; dismissal of […]
Section 32.1066 – Final Military Review of Sentence of General Court-Martial or of Sentence to Dishonorable Discharge by Special Court-Martial; Right to Counsel; Appointment by Convening Authority; Representation by Civilian Counsel.
32.1066 Final military review of sentence of general court-martial or of sentence to dishonorable discharge by special court-martial; right to counsel; appointment by convening authority; representation by civilian counsel. Sec. 66. (1) Upon the final military review of a sentence of a general court-martial or of a sentence to a dishonorable discharge by a special […]