§44-869. Review by State Judge Advocate.
ARTICLE 69. Review by State Judge Advocate. A. In general. Upon application by the accused and subject to subsections B, C and D of this section, the State Judge Advocate may modify or set aside, in whole or in part, the findings and sentence in a court-martial that is not reviewed under Section 866 of […]
§44-858D. Parole.
ARTICLE 58D. Parole. The system of parole established pursuant to Section 10 of Article VI of the Oklahoma Constitution and Titles 22 and 57 of the Oklahoma Statutes shall be applicable to any person in any place of confinement under the control of the state military forces or in any penal or correctional institution used […]
§44-870. Appellate counsel.
ARTICLE 70. Appellate counsel. A. The State Judge Advocate shall detail in his or her office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under paragraph 1 of subsection B of Section 827 of this title (Article 27, subsection B, paragraph […]
§44-859. Error of law – Lesser included offense.
ARTICLE 59. Error of law – lesser included offense. A. A finding or sentence of 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 affirm a finding of guilty […]
§44-871. Reserved.
RESERVED. Added by Laws 2019, c. 408, § 87, eff. Oct. 1, 2019.
§44-860. Posttrial processing in general and special courts-martial.
ARTICLE 60. Posttrial processing in general and special courts-martial. A. Statement of trial results. 1. The military judge of a general or special court-martial shall enter into the record of trial a document entitled “Statement of Trial Results”, which shall set forth: a.each plea and finding, b.the sentence, if any, and c.such other information as […]
§44-872. Vacation of suspension.
ARTICLE 72. Vacation of suspension. A. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The State Judge Advocate shall detail […]
§44-860A. Limited authority to act on sentence in specified posttrial circumstances.
ARTICLE 60A. Limited authority to act on sentence in specified posttrial circumstances. A. In general. 1. The convening authority of a general or special court-martial described in paragraph 2 of this subsection: a.may act on the sentence of the court-martial only as provided in subsection B, C or D of this section, and b.may not […]
§44-873. Petition for a new trial.
ARTICLE 73. Petition for a new trial. At any time within three (3) years after the date of the entry of judgment under Section 860C of this title (Article 60C), the accused may petition the State Judge Advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If […]
§44-851. Voting and rulings.
ARTICLE 51. Voting and rulings. A. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot […]