§ 130.59. Error of law; lesser included offense. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty […]
§ 130.60. Action by the convening authority. (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) (1) Within thirty days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, […]
§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to appellate review under section 130.65 or section 130.68 of this article the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and […]
§ 130.62. Rehearings. Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess […]
§ 130.63. Review by a judge advocate. (a) Each case in which there has been a finding of guilt that is not reviewed under section 130.65 or 130.68 of this article shall be reviewed by a judge advocate under regulations of the adjutant general. A judge advocate may not review a case under this subdivision […]
§ 130.64. Disposition of records. (a) In a case subject to appellate review under section 130.65 of this article in which the right to such review is not waived, or an appeal is not withdrawn under section 130.61 of this article, the record of trial and action thereon shall be transmitted to the state judge […]
§ 130.65. Review by board of military review and approval by the adjutant general. (a) The state judge advocate shall establish a board of military review which shall be composed of not less than three officers of the organized militia or on the state reserve list or state retired list, each of whom shall be […]
§ 130.66. Review by the governor. (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which, upon petition of the accused and on good cause shown, the governor grants such review. (b) The accused may petition the governor for a […]
§ 130.67. Review counsel. (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge or of a sentence to any confinement the accused shall have the right to be represented by counsel before the reviewing authority, the staff judge advocate or legal officer, as the […]
§ 130.68. Review in the office of the state judge advocate. (a) The record of trial in each general court-martial that is not otherwise reviewed under section 130.65 of this article shall be examined in the office of the state judge advocate if there is a finding of guilty and the accused does not waive […]
§ 130.69. Execution of sentence; suspension of sentence. (a) If in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the adjutant general. In such a case, the adjutant general may commute, remit, or suspend […]
§ 130.70. Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or any court-martial sentence which includes confinement or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of […]
§ 130.71. Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a […]
§ 130.72. Remission and suspension. (a) The adjutant general and, when designated by him, the deputy adjutant general, chief of staff, state judge advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the governor. (b) […]
§ 130.72-a. Restoration. (a) Under such regulations as the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part […]
§ 130.72-b. Finality of proceedings, findings and sentences. The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required […]
§ 130.72-c. Leave required to be taken pending review of certain court-martial convictions. Under regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial will be carried in a leave status and will not participate in any training pending completion of action under this chapter if the sentence, as approved […]
