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 32.1041 – 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 32.1056 – Punishment and Sentence; Limits.
32.1056 Punishment and sentence; limits. Sec. 56. The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code. If a sentence exceeds the limits prescribed by this code, the part of the sentence in excess of the limits shall have no force and effect and the sentence […]
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 32.1057 – Sentence; Forfeiture of Pay or Allowances; Confinement; Effective Date; Deferring Service of Sentence to Confinement by Governor; Termination and Rescission of Deferment.
32.1057 Sentence; forfeiture of pay or allowances; confinement; effective date; deferring service of sentence to confinement by governor; termination and rescission of deferment. Sec. 57. (1) If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to pay or allowances becoming due on […]
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 […]