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 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 301 – Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
Effective 5/4/2022 39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons. (1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense. (2) A military court may impose upon an accused […]
Section 302 – Nonjudicial punishment.
Effective 5/4/2022 39A-5-302. Nonjudicial punishment. (1) The governor and the adjutant general of Utah may prescribe regulations governing the administration of nonjudicial punishment. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by a civilian court of competent jurisdiction. (2) A service member […]
Section 303 – Fines.
Effective 5/4/2022 39A-5-303. Fines. (1) Fines imposed by a military court may be paid to the military court or to an officer executing process for the court. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or […]
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 […]