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 […]
Section 5907 – Disposition of records after review by convening authority
§ 5907. Disposition of records after review by convening authority. (a) General rule.–Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department. (b) Final action by Governor.–When the Governor has taken final action in […]
Section 5908 – Review by State Judge Advocate and Adjutant General
§ 5908. Review by State Judge Advocate and Adjutant General. (a) Review by State Judge Advocate of guilty finding.–Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the State Judge Advocate, or a designee. The State Judge Advocate may not review a case if he […]
Section 5909 – Review by a board of review
§ 5909. Review by a board of review. (a) Composition of boards of review.–The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a […]
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 […]