Section 5924.85 | Desertion.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Any member of the organized militia who does any of the following is guilty of desertion: (1) Without authority goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away from the unit, organization, […]
Section 5924.86 | Absence Without Leave.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct: (A) Fails to go to the person’s appointed place of duty at the time prescribed; (B) Goes from the person’s […]
Section 5924.61 | Appeal by Accused.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) An accused may appeal a finding of guilty or the sentence of a court-martial to the court of military appeals. The court shall hear an appeal if the convening authority or other authorized person approved a sentence of dismissal of a […]
Section 5924.761 | Leave Pending Completion of Certain Actions.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Pursuant to regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under sections 5924.59 to 5924.761 of the Revised Code if the sentence, as approved under […]
Section 5924.62 | Appeal by State.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the state may appeal any of the following, except an order or ruling that is, or that amounts to, a finding […]
Section 5924.63 | Rehearings.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Each rehearing ordered pursuant to section 5924.60 of the Revised Code or by the court of military appeals shall take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing […]
Section 5924.64 | Review of Cases in Which No Appeal Taken.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A judge advocate shall review pursuant to regulations prescribed by the adjutant general each case in which there has been a finding of guilty and in which no appeal is taken. A judge advocate may not review a case under this […]
Section 5924.65 | Transmission of Record.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly If an accused files a notice of appeal, the convening authority shall transmit the record of trial and post-trial proceedings in the case to the state judge advocate for appropriate action. If the accused does not file a notice of appeal or […]
Section 5924.66 | Court of Military Appeals.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) There is hereby created the court of military appeals. The court is a court of record and has exclusive jurisdiction of all appeals from courts-martial convened pursuant to this code. The court shall sit in Franklin county. All hearings conducted by […]
Section 5924.67 | Compensation for Judges.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly A judge of the court of military appeals shall receive as compensation for each day of attendance on the business of the court an amount equal to the annual compensation of a judge of a court of appeals divided by the number […]