§44-836. Procedure for courts-martial.
ARTICLE 36. Procedure for courts-martial. A. The procedure, in all cases tried by courts-martial under the Oklahoma Uniform Code of Military Justice, shall be the federal Rules for Courts-Martial, as prescribed in the most recent edition of the Manual for Courts-Martial, United States, including all amendments thereto adopted from time to time, except when such […]
§44-837. Unlawfully influencing action of court.
ARTICLE 37. Unlawfully influencing action of court. A. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, […]
§44-838. Duties of trial counsel and defense counsel.
ARTICLE 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 of Oklahoma, and shall, under the direction of the court, prepare the record of the proceedings. B. 1. The accused has the right to be represented in his […]
§44-839. Sessions.
ARTICLE 39. Sessions. A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 835 of this title (Article 35), call the court into session without the presence of the members for the purpose […]
§44-840. Continuances.
ARTICLE 40. Continuances. The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.
§44-841. Challenges.
ARTICLE 41. Challenges. A. 1. 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 shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one […]
§44-842. Oaths.
ARTICLE 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 or associate 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 […]
§44-843. Statute of limitations.
ARTICLE 43. Statute of limitations. A. Except as otherwise provided in this section, a person charged with a military offense is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the […]
§44-844. Former jeopardy.
ARTICLE 44. Former jeopardy. A. No person may, without his or her consent, be tried a second time for the same offense. B. No proceeding in which an accused has been found guilty by court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has […]
§44-845. Pleas of the accused.
ARTICLE 45. Pleas of the accused. A. Irregular and similar pleas. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he or she has entered the plea of guilty improvidently or through lack of understanding of its […]