Effective 5/4/2022 39A-5-221. Sworn testimony — Read in evidence. (1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if: (a) the sworn […]
Effective 5/4/2022 39A-5-222. Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof. (1) (a) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. (b) A ruling made by the military judge upon a question of law or […]
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 […]
Effective 5/4/2022 39A-5-224. Findings — Background check prior to sentencing. (1) A court shall announce its findings and sentence to the parties as soon as determined. (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence. Renumbered and Amended by Chapter 373, […]
Effective 5/4/2022 39A-5-225. Finding or sentence — Error — Review. (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to approve or affirm a […]
Effective 5/4/2022 39A-5-226. Military court records. (1) (a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge. (b) (i) If the record cannot be authenticated by the military judge due to death, disability, or absence, […]
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. […]
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 […]
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 […]
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. […]
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 […]
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. […]
Effective 5/4/2022 39A-5-233. Probation violation — Hearing — Counsel — Execution of suspended sentence. (1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority. (2) (a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing […]
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
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 […]
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 […]
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 […]
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 […]
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 […]
