192A.31 EXECUTION OF CONFINEMENT. Subdivision 1. Location; conditions. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of […]
192A.341 ERROR OF LAW; LESSER INCLUDED OFFENSES. Subdivision 1. Error of law. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Subd. 2. Lesser offense. Any reviewing authority with the power to approve […]
192A.343 ACTION BY CONVENING AUTHORITY. Subdivision 1. Reporting findings and sentence. The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. Subd. 2. Submissions of the accused. (a) The accused may submit to the convening authority matters for consideration by the convening authority with […]
192A.351 WITHDRAWAL OF APPEAL. (a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate […]
192A.353 APPEAL BY STATE. Subdivision 1. Appeal. (a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial […]
192A.361 REHEARINGS. A rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence […]
192A.363 REVIEW BY SENIOR FORCE JUDGE ADVOCATE. Subdivision 1. Review of findings of guilt. (a) A general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under […]
192A.371 REVIEW BY STATE APPELLATE AUTHORITY. Subdivision 1. Certiorari. (a) A review of any final order of a special or general court-martial proceeding may be had upon certiorari by the supreme court upon petition of any party to the proceeding. The review may be had on the ground that: (1) the court-martial was without jurisdiction; […]
192A.373 APPELLATE COUNSEL. Subdivision 1. Appellate government counsel. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in section 192A.371, and before any federal court when requested to do so by the state attorney general. Appellate government counsel […]
192A.381 FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES. The appellate review of records of trial provided by this code; the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code; and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by […]
