130.41 – Challenges.
§ 130.41. Challenges. (a) 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, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge […]
130.42 – Oaths.
§ 130.42. Oaths. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of […]
130.43 – Statute of Limitations.
§ 130.43. Statute of limitations. (a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged with desertion in time of peace or […]
130.44 – Former Jeopardy.
§ 130.44. Former jeopardy. (a) No person shall without his consent, be tried a second time by a civil court or a military court of the state for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be […]
130.45 – Pleas of the Accused.
§ 130.45. Pleas of the accused. (a) If an accused after arraignment makes any irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he […]
130.46 – Opportunity to Obtain Witnesses and Other Evidence.
§ 130.46. Opportunity to obtain witnesses and other evidence. The trial counsel, defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations issued by the governor pursuant to this chapter. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the […]
130.47 – Refusal to Appear or Testify.
§ 130.47. Refusal to appear or testify. Every person not subject to this code who (a) has been duly subpoenaed to appear as a witness or to produce books and records before any military court or board or before any military or civil officer designated to take a deposition to be read in evidence before […]
130.48 – Contempts.
§ 130.48. Contempts. A military court may punish for contempt any person who uses any menacing words, signs, or gestures in its presence, or who disturbs its proceedings by any riot or disorder. Such punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.
130.38 – Duties of Trial Counsel and Defense Counsel.
§ 130.38. Duties of trial counsel and defense counsel. (a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused shall have the right to be represented in his defense before […]
130.29 – Absent and Additional Members.
§ 130.29. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b) Whenever a […]