46-1145. Review of record by staff judge advocate -- Appeal. (1) The convening authority shall forward the record to his staff judge advocate for review.
(2) The staff judge advocate shall review the record of trial in every case forwarded to him for review as provided in this section.
(3) The staff judge advocate shall have authority to:
(a) Affirm only such findings of guilty, and the sentence or such part or amount of the sentence as he finds correct in law and fact and determines on the basis of the entire record should be approved;
(b) Order a rehearing if he sets aside the findings and sentence, except where the setting aside is based on lack of sufficient evidence to support the findings;
(c) Order that the charges be dismissed if he sets aside the findings and sentence based on lack of sufficient evidence to support the findings.
(4) Following completion of the staff judge advocate’s review a copy will be provided to the defense and trial counsels and an aggrieved party may appeal to the district court of the judicial district wherein the court-martial was conducted within forty-two (42) days from the date of receipt of such review. Such appeal shall be conducted in accordance with the Idaho criminal rules governing appeals and this code. For courts-martial held outside the state of Idaho, venue for appeal purposes shall be in the district court of the fourth judicial district, Ada County, Idaho.
46-1145. Review of record by staff judge advocate -- Appeal. (1) The convening authority shall forward the record to his staff judge advocate for review.
(2) The staff judge advocate shall review the record of trial in every case forwarded to him for review as provided in this section.
(3) The staff judge advocate shall have authority to:
(a) Affirm only such findings of guilty, and the sentence or such part or amount of the sentence as he finds correct in law and fact and determines on the basis of the entire record should be approved;
(b) Order a rehearing if he sets aside the findings and sentence, except where the setting aside is based on lack of sufficient evidence to support the findings;
(c) Order that the charges be dismissed if he sets aside the findings and sentence based on lack of sufficient evidence to support the findings.
(4) Following completion of the staff judge advocate’s review a copy will be provided to the defense and trial counsels and an aggrieved party may appeal to the district court of the judicial district wherein the court-martial was conducted within forty-two (42) days from the date of receipt of such review. Such appeal shall be conducted in accordance with the Idaho criminal rules governing appeals and this code. For courts-martial held outside the state of Idaho, venue for appeal purposes shall be in the district court of the fourth judicial district, Ada County, Idaho.
46-1145. Review of record by staff judge advocate -- Appeal. (1) The convening authority shall forward the record to his staff judge advocate for review.
(2) The staff judge advocate shall review the record of trial in every case forwarded to him for review as provided in this section.
(3) The staff judge advocate shall have authority to:
(a) Affirm only such findings of guilty, and the sentence or such part or amount of the sentence as he finds correct in law and fact and determines on the basis of the entire record should be approved;
(b) Order a rehearing if he sets aside the findings and sentence, except where the setting aside is based on lack of sufficient evidence to support the findings;
(c) Order that the charges be dismissed if he sets aside the findings and sentence based on lack of sufficient evidence to support the findings.
(4) Following completion of the staff judge advocate’s review a copy will be provided to the defense and trial counsels and an aggrieved party may appeal to the district court of the judicial district wherein the court-martial was conducted within forty-two (42) days from the date of receipt of such review. Such appeal shall be conducted in accordance with the Idaho criminal rules governing appeals and this code. For courts-martial held outside the state of Idaho, venue for appeal purposes shall be in the district court of the fourth judicial district, Ada County, Idaho.
