Section 227 – Trial record forwarded to convening authority.
Effective 5/4/2022 39A-5-227. Trial record forwarded to convening authority. After a trial by a military court, the record shall be forwarded to the convening authority, as the reviewing authority. Action on the record may be taken by the convening authority, a commissioned officer commanding at that time, a successor in command, or by the governor. […]
Section 228 – Convening authority refers record to SJA — Opinion.
Effective 5/4/2022 39A-5-228. Convening authority refers record to SJA — Opinion. The convening authority shall refer the record of each military court to the SJA, who shall submit a written opinion to the convening authority. If the final action of the court is an acquittal of all charges and specifications, the opinion is limited to […]
Section 229 – Specification dismissal — No finding of not guilty — Procedure.
Effective 5/4/2022 39A-5-229. Specification dismissal — No finding of not guilty — Procedure. (1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any […]
Section 230 – Rehearing ordered by convening authority — Grounds — Procedure.
Effective 5/4/2022 39A-5-230. Rehearing ordered by convening authority — Grounds — Procedure. (1) (a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval. […]
Section 231 – Convening authority review — Action by governor final — SJA review — Appeal of final action.
Effective 5/4/2022 39A-5-231. Convening authority review — Action by governor final — SJA review — Appeal of final action. (1) When the governor is the convening authority, the governor’s action on the review of a record of trial is final. (2) The state judge advocate shall review the record of trial in each case prior […]
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 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