§ 5901. Error of law; lesser included offense. (a) Error of law.–A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Approval of lesser offense.–Any reviewing authority with the power to approve or […]
§ 5902. Action by convening authority. (a) Report to convening authority.–The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) Copy of record to accused.–In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for […]
§ 5903. Action on general court-martial records. The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign […]
§ 5904. Reconsideration and revision. (a) General rule.–The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings […]
§ 5905. Rehearings. (a) General rule.–The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order […]
§ 5906. Approval by convening authority. In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should […]
§ 5907. Disposition of records after review by convening authority. (a) General rule.–Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department. (b) Final action by Governor.–When the Governor has taken final action in […]
§ 5908. Review by State Judge Advocate and Adjutant General. (a) Review by State Judge Advocate of guilty finding.–Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the State Judge Advocate, or a designee. The State Judge Advocate may not review a case if he […]
§ 5909. Review by a board of review. (a) Composition of boards of review.–The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a […]
§ 5910. Review by Superior Court. (a) General rule.–Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common […]
§ 5911. Appellate counsel. (a) Counsel for the Commonwealth.–The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel […]
§ 5912. Execution of sentence; suspension of sentence. (a) Appellate review not waived and appeal not withdrawn.–If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal or a […]
§ 5913. Vacation of suspension. (a) Bad-conduct discharges and general court-martial sentences.–Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. […]
§ 5914. Petition for new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. Cross References. Section 5914 is referred to in section 5917 […]
§ 5915. Remission and suspension. (a) General rule.–Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence […]
§ 5916. Restoration. (a) General rule.–Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion 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 […]
§ 5917. Finality of proceedings, findings and sentences. The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and […]
§ 5918. Leave pending review of conviction. Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating […]
§ 5919. Appeal by the Commonwealth. (a) General rule.–In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following: (1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (2) An order or ruling which excludes evidence […]
