Section 5924.59 | Review of Finding.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (B) Any reviewing authority with the power to approve or […]
Section 5924.75 | Effect of Disapproval of Sentence; Reappointment of Officers; Leave Pending Actions.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) Under any regulations that the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a […]
Section 5924.60 | Report of Findings to Convening Authority; Submission of Matters by Accused; Actions by Convening Authority; Revision or Rehearing.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) A court-martial shall report its findings and sentence to the convening authority after announcing the sentence. (B)(1) The accused may submit to the convening authority matters relating to the findings and sentence to the convening authority for its consideration. A submission […]
Section 5924.76 | Finality of Proceedings.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly The appellate review of records of trial pursuant to this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed pursuant to this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, […]
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 […]