130.61 – Waiver or Withdrawal of Appeal.
§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to appellate review under section 130.65 or section 130.68 of this article the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and […]
130.62 – Rehearings.
§ 130.62. Rehearings. Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess […]
130.63 – Review by a Judge Advocate.
§ 130.63. Review by a judge advocate. (a) Each case in which there has been a finding of guilt that is not reviewed under section 130.65 or 130.68 of this article shall be reviewed by a judge advocate under regulations of the adjutant general. A judge advocate may not review a case under this subdivision […]
130.64 – Disposition of Records.
§ 130.64. Disposition of records. (a) In a case subject to appellate review under section 130.65 of this article in which the right to such review is not waived, or an appeal is not withdrawn under section 130.61 of this article, the record of trial and action thereon shall be transmitted to the state judge […]
130.65 – Review by Board of Military Review and Approval by the Adjutant General.
§ 130.65. Review by board of military review and approval by the adjutant general. (a) The state judge advocate shall establish a board of military review which shall be composed of not less than three officers of the organized militia or on the state reserve list or state retired list, each of whom shall be […]
130.66 – Review by the Governor.
§ 130.66. Review by the governor. (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which, upon petition of the accused and on good cause shown, the governor grants such review. (b) The accused may petition the governor for a […]
130.67 – Review Counsel.
§ 130.67. Review counsel. (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge or of a sentence to any confinement the accused shall have the right to be represented by counsel before the reviewing authority, the staff judge advocate or legal officer, as the […]
130.68 – Review in the Office of the State Judge Advocate.
§ 130.68. Review in the office of the state judge advocate. (a) The record of trial in each general court-martial that is not otherwise reviewed under section 130.65 of this article shall be examined in the office of the state judge advocate if there is a finding of guilty and the accused does not waive […]
130.55 – Cruel and Unusual Punishments Prohibited.
§ 130.55. Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe […]
130.56 – Maximum Limits.
§ 130.56. Maximum limits. The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code.