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 32.1055 – Cruel or Unusual Punishment Prohibited; Use of Irons Prohibited; Exception.
32.1055 Cruel or unusual punishment prohibited; use of irons prohibited; exception. Sec. 55. Punishment by flogging, branding, marking, or tattooing the body or any other cruel or unusual punishment, shall not be issued by a court-martial or inflicted upon a person subject to this code. The use of irons, single or double, except for the […]
Section 32.1025 – Members for Courts-Martial; Selection; Eligibility; Qualifications.
32.1025 Members for courts-martial; selection; eligibility; qualifications. Sec. 25. (1) Members for all courts-martial shall be selected at random pursuant to regulations issued by the state adjutant general not inconsistent with this section. (2) A commissioned officer on duty with the state military forces is eligible to serve on all courts-martial for the trial of […]
Section 32.1026 – General or Special Court-Martial; Military Judge.
32.1026 General or special court-martial; military judge. Sec. 26. (1) The person convening a general or special court-martial shall request the state judge advocate general to appoint a military judge to the general or special court-martial. (2) The state judge advocate general may appoint an assistant judge advocate to serve as a military judge who […]
Section 32.1027 – General and Special Court-Martial; Trial Counsel and Defense Counsel; Assistants.
32.1027 General and special court-martial; trial counsel and defense counsel; assistants. Sec. 27. (1) For each general and special court-martial, the authority convening the court shall request the state judge advocate to detail trial counsel and defense counsel, and those assistants as the convening authority considers appropriate. A person who has acted as investigating officer, […]
Section 32.1028 – General or Special Court-Martial; Court Reporters; Interpreters.
32.1028 General or special court-martial; court reporters; interpreters. Sec. 28. (1) The convening authority of a general or special courts-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before the court-martial. (2) The convening authority of a military court may detail or employ interpreters who shall interpret […]
Section 32.1029 – General or Special Court-Martial; Members Not to Be Absent or Excused After Arraignment; Exceptions; Reduction of Membership Below Specified Number; Procedure.
32.1029 General or special court-martial; members not to be absent or excused after arraignment; exceptions; reduction of membership below specified number; procedure. Sec. 29. (1) A member of a general or special courts-martial shall not be absent or excused after the accused has been arraigned except for physical disability or as a result of a […]
Section 32.1030 – Preferring Charges and Specifications; Signature; Oath; Disposition; Informing Accused of Charges.
32.1030 Preferring charges and specifications; signature; oath; disposition; informing accused of charges. Sec. 30. (1) Any person subject to this code may prefer charges. (2) A person preferring charges and specifications shall sign the charges under oath before a person authorized by this code to administer oaths and shall state all of the following: (a) […]