Section 5910 – Review by Superior Court
§ 5910. Review by Superior Court. (a) General rule.–Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common […]
Section 5911 – Appellate counsel
§ 5911. Appellate counsel. (a) Counsel for the Commonwealth.–The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel […]
Section 5912 – Execution of sentence; suspension of sentence
§ 5912. Execution of sentence; suspension of sentence. (a) Appellate review not waived and appeal not withdrawn.–If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal or a […]
Section 5913 – Vacation of suspension
§ 5913. Vacation of suspension. (a) Bad-conduct discharges and general court-martial sentences.–Prior to 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 an alleged violation of probation. […]
Section 5914 – Petition for new trial
§ 5914. Petition for new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. Cross References. Section 5914 is referred to in section 5917 […]
Section 5915 – Remission and suspension
§ 5915. Remission and suspension. (a) General rule.–Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence […]
Section 5916 – Restoration
§ 5916. Restoration. (a) General rule.–Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered […]
Section 5917 – Finality of proceedings, findings and sentences
§ 5917. Finality of proceedings, findings and sentences. The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and […]
Section 5918 – Leave pending review of conviction
§ 5918. Leave pending review of conviction. Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating […]
Section 5919 – Appeal by the Commonwealth
§ 5919. Appeal by the Commonwealth. (a) General rule.–In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following: (1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (2) An order or ruling which excludes evidence […]