Section 237 – Sentence set aside — Rights restored.
Effective 5/4/2022 39A-5-237. Sentence set aside — Rights restored. (1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial […]
Section 238 – Finality of military court judgments.
Effective 5/4/2022 39A-5-238. Finality of military court judgments. (1) The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapter, are final and conclusive. (2) Orders publishing the proceedings of military court and […]
Section 239 – Courts of inquiry.
Effective 5/4/2022 39A-5-239. Courts of inquiry. (1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry. (2) A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel […]
Section 233 – Probation violation — Hearing — Counsel — Execution of suspended sentence.
Effective 5/4/2022 39A-5-233. Probation violation — Hearing — Counsel — Execution of suspended sentence. (1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority. (2) (a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing […]
Section 234 – Petition for new trial — Grounds.
Effective 5/4/2022 39A-5-234. Petition for new trial — Grounds. Within 30 days after approval by the convening authority of a military court sentence, the accused may petition the convening authority for a new trial on the ground of newly discovered evidence or fraud on the court. Renumbered and Amended by Chapter 373, 2022 General Session
Section 235 – Second trial on an offense prohibited.
Effective 5/4/2022 39A-5-235. Second trial on an offense prohibited. (1) An individual may not, without the individual’s written consent, be brought to trial a second time in any military or civilian court of the state for the same offense. (2) A proceeding in which an accused has been found guilty by a military court upon […]
Section 236 – Sentence — Vacation or suspension.
Effective 5/4/2022 39A-5-236. Sentence — Vacation or suspension. (1) A convening authority may vacate or suspend any part or amount of the unexecuted portion of the sentence, including all uncollected forfeitures. (2) The governor may for good cause shown substitute an administrative form of a discharge for a bad conduct discharge or dismissal executed under […]
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 225 – Finding or sentence — Error — Review.
Effective 5/4/2022 39A-5-225. Finding or sentence — Error — Review. (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to approve or affirm a […]