Section 232 – Military court sentence — Execution by convening authority.
Effective 5/4/2022 39A-5-232. Military court sentence — Execution by convening authority. (1) Except under Sections 39A-5-306 and 39A-5-231, a military court sentence may be ordered executed by the convening authority when approved, unless suspended or deferred. (2) The convening authority has discretion to approve the sentence or a part or commuted form of the sentence. […]
Section 223 – Vote necessary for conviction or other questions — Tie votes.
Effective 5/4/2022 39A-5-223. Vote necessary for conviction or other questions — Tie votes. (1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. (2) All other questions decided by the members of a military court are […]
Section 224 – Findings — Background check prior to sentencing.
Effective 5/4/2022 39A-5-224. Findings — Background check prior to sentencing. (1) A court shall announce its findings and sentence to the parties as soon as determined. (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence. Renumbered and Amended by Chapter 373, […]
Section 213 – Military court — Challenge for cause — Peremptory challenge.
Effective 5/4/2022 39A-5-213. Military court — Challenge for cause — Peremptory challenge. (1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and […]
Section 214 – Military court members — When excused — Trial procedure.
Effective 5/4/2022 39A-5-214. Military court members — When excused — Trial procedure. (1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the […]
Section 215 – Military court — Continuance.
Effective 5/4/2022 39A-5-215. Military court — Continuance. The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just. Renumbered and Amended by Chapter 373, 2022 General Session
Section 216 – Military court — Session — Procedures.
Effective 5/4/2022 39A-5-216. Military court — Session — Procedures. (1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be: (a) made a part of the […]
Section 217 – Plea of not guilty — Accepted — Withdrawn.
Effective 5/4/2022 39A-5-217. Plea of not guilty — Accepted — Withdrawn. (1) A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused pleaded not guilty, if the accused: (a) after arraignment, makes an irregular pleading; (b) after a plea of guilty. raises a matter inconsistent […]
Section 218 – Contempt — Penalty.
Effective 5/4/2022 39A-5-218. Contempt — Penalty. (1) A military court may punish for contempt any individual who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct. (2) The punishment may not exceed confinement for three days in the county jail of the county where the […]
Section 219 – Obtaining evidence and witnesses — Procedure.
Effective 5/4/2022 39A-5-219. Obtaining evidence and witnesses — Procedure. The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under: (1) regulations promulgated by the governor or adjutant general; (2) the applicable rules of civil and criminal procedure; or (3) state or federal law. Renumbered and Amended […]