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 5924.506 | Finding of Not Guilty by Reason of Insanity; Hearing.
Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly (A) If an accused person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a mentally ill person subject to hospitalization by […]
Section 5924.51 | Voting and Rulings.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the […]
Section 5924.52 | Number of Votes Required.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) No person may be convicted of any offense, except by the concurrence of two-thirds of the members of the court-martial present at the time the vote is taken. (B) All other questions to be decided by the members of a general […]
Section 5924.53 | Announcement of Findings.
Effective: October 10, 1961 Latest Legislation: House Bill 154 – 104th General Assembly A court-martial shall announce its findings and sentence to the parties as soon as determined.
Section 5924.54 | Record of Proceedings.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by […]
Section 5924.55 | Cruel and Unusual Punishments.
Effective: October 10, 1961 Latest Legislation: House Bill 154 – 104th General Assembly Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, […]
Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the adjutant general may prescribe. (B) Process issued in court-martial cases to compel witnesses to appear […]
Section 5924.56 | Maximum Punishments.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly The punishment that a court-martial may direct for an offense may not exceed limits prescribed by the adjutant general for the offense.