§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c 202, §13 amendment repealed on June 30, 2010.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 still
deems the accused's self aggrieved after the accused has exhausted all of the
accused's rights of review under this part, shall be entitled to appeal the
judgment or sentence of the special or general court-martial, as may have been
modified on review under this part prior to judicial review under this section,
subject to chapter 602, in the manner provided for civil appeals from the
circuit courts, and within the time provided by the rules of court.



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



(c)  In reviewing the judgment or sentence of a
special or general court-martial, as may have been modified on review prior to
judicial review, the appellate court may take any of the actions, and exercise
any of the powers specified in section 641-16 as the court may deem appropriate
in reviewing a judgment or sentence of a military court-martial, and the court
shall follow as appropriate or applicable the standards and requirements in
section 641-16.



(d)  Upon the request of the accused, the state
judge advocate shall appoint a lawyer, who is a member of the bar of the
highest court of the State and who has been certified under section 124A-45, to
represent the accused in the accused's appeal of the court-martial judgment or
sentence.  If the accused wishes to be represented by civilian counsel, rather
than by appointed military counsel, the accused may do so at the accused's own
expense. [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 of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."