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 5901 – Error of law; lesser included offense
§ 5901. Error of law; lesser included offense. (a) Error of law.–A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Approval of lesser offense.–Any reviewing authority with the power to approve or […]
Section 5902 – Action by convening authority
§ 5902. Action by convening authority. (a) Report to convening authority.–The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) Copy of record to accused.–In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for […]
Section 5903 – Action on general court-martial records
§ 5903. Action on general court-martial records. The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign […]
Section 5904 – Reconsideration and revision
§ 5904. Reconsideration and revision. (a) General rule.–The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings […]
Section 5905 – Rehearings
§ 5905. Rehearings. (a) General rule.–The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order […]
Section 5906 – Approval by convening authority
§ 5906. Approval by convening authority. In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should […]