§124A-105  Judicial review.  [L 2004,c 202, §13 amendment repealed on June 30, 2010.  L 2006, c 94, §1.]  (a) An accused, who was tried by a special or general court-martial and who stilldeems the accused's self aggrieved after the accused has exhausted all of theaccused's rights of review under this part, shall be entitled to appeal thejudgment or sentence of the special or general court-martial, as may have beenmodified on review under this part prior to judicial review under this section,subject to chapter 602, in the manner provided for civil appeals from thecircuit courts, and within the time provided by the rules of court.

(b)  The filing of an appeal pursuant tosubsection (a) shall not of itself stay the execution of the judgment orsentence appealed from, but the appellate court may stay the same upon motionupon such conditions as it may deem proper, notwithstanding any conflicting orcontrary provision in this chapter relating to the effective date or executionof sentences or any other contrary provision of law.

(c)  In reviewing the judgment or sentence of aspecial or general court-martial, as may have been modified on review prior tojudicial review, the appellate court may take any of the actions, and exerciseany of the powers specified in section 641-16 as the court may deem appropriatein reviewing a judgment or sentence of a military court-martial, and the courtshall follow as appropriate or applicable the standards and requirements insection 641-16.

(d)  Upon the request of the accused, the statejudge advocate shall appoint a lawyer, who is a member of the bar of thehighest court of the State and who has been certified under section 124A-45, torepresent the accused in the accused's appeal of the court-martial judgment orsentence.  If the accused wishes to be represented by civilian counsel, ratherthan by appointed military counsel, the accused may do so at the accused's ownexpense. [L 1982, c 171, pt of §2; gen ch 1985; am L 2004, c 202, §13]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."