Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2922.(KCMJ Art. 66) Review by court of military review.(a) The judge advocate general shall establish a courtof military review which shall be composed of one or more panels, and eachsuch panel shall be composed of not less than three appellate militaryjudges. For the purpose of reviewing court-martial cases, the court may sitin panels or as a whole in accordance with rules prescribed undersubsection (f). Any decision of apanel may be reconsidered by the court sitting as a whole in accordancewith such rules. Appellate military judges who are assigned to a court ofmilitary review may be commissioned officers or civilians, each of whommust be a member of a bar of a federal court or the highest court of astate. The judge advocate general shall designate as chief judge one of theappellate military judges of the court of military review established bythe judge advocate general. The chief judge shall determine on which panelsof the court the appellate judges assigned to the court will serve andwhich military judge assigned to the court will act as the senior judge on each panel.
(b) The judge advocate general shall refer to a court of military reviewthe record in each case of trial by court-martial in which:
(1) The sentence, as approved, extends to dismissal of acommissioned officer, dishonorable or bad-conduct discharge or confinementfor three or more months; and
(2) the right to appellate review has not been waived or an appeal hasnot been withdrawn under K.S.A. 48-2917.
(c) In a case referred to it, the court of military review may act onlywith respect to the findings and sentence as approved by the conveningauthority. It may affirm only such findings of guilty and the sentence, orsuch part or amount of the sentence, as it finds correct in law and factand determines, on the basis of the entire record, should be approved. Inconsidering the record, it may weigh the evidence, judge the credibility ofwitnesses and determine controverted questions of fact, recognizing thatthe trial court saw and heard the witnesses.
(d) If the court of military review sets aside the findings andsentence, it may, except where the setting aside is based on lack ofsufficient evidence in the record to support the findings, order arehearing. If it sets aside the findings and sentence and does not order arehearing, it shall order that the charges be dismissed.
(e) The judge advocate general shall, unless there is to be furtheraction by the governor, the adjutant general, the Kansas court of appeals or theKansas supreme court, instruct the convening authority to take action inaccordance with the decision of the court of military review. If the courtof military review has ordereda rehearing but the convening authority finds a rehearing impracticable, theconvening authority shall dismiss the charges.
(f) The governor shall prescribe uniform rules of procedure for courtsof military review and shall periodically formulate policies and procedurein regard to review of court-martial cases in the office of the judgeadvocate general and by courts of military review.
(g) No member of a court of military review shall be required or, on themember's own initiative, be permitted to prepare, approve, disapprove,review or submit, with respect to any other member of the same or anothercourt of military review, an effectiveness, fitness or efficiency report,or any other report or document used in whole or in part for the purpose ofdetermining whether a member of the armed forces is qualified to beadvanced in grade, or in determining the assignment or transfer of a memberof the armed forces, or in determining whether a member of the armed forcesshall be retained on active duty.
(h) No member of a court of military review shall be eligible to reviewthe record of any trial if such member served as investigating officer inthe case or served as a member of the court-martial before which such trialwas conducted, or served as military judge, trial or defense counsel orreviewing officer of such trial.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2922.(KCMJ Art. 66) Review by court of military review.(a) The judge advocate general shall establish a courtof military review which shall be composed of one or more panels, and eachsuch panel shall be composed of not less than three appellate militaryjudges. For the purpose of reviewing court-martial cases, the court may sitin panels or as a whole in accordance with rules prescribed undersubsection (f). Any decision of apanel may be reconsidered by the court sitting as a whole in accordancewith such rules. Appellate military judges who are assigned to a court ofmilitary review may be commissioned officers or civilians, each of whommust be a member of a bar of a federal court or the highest court of astate. The judge advocate general shall designate as chief judge one of theappellate military judges of the court of military review established bythe judge advocate general. The chief judge shall determine on which panelsof the court the appellate judges assigned to the court will serve andwhich military judge assigned to the court will act as the senior judge on each panel.
(b) The judge advocate general shall refer to a court of military reviewthe record in each case of trial by court-martial in which:
(1) The sentence, as approved, extends to dismissal of acommissioned officer, dishonorable or bad-conduct discharge or confinementfor three or more months; and
(2) the right to appellate review has not been waived or an appeal hasnot been withdrawn under K.S.A. 48-2917.
(c) In a case referred to it, the court of military review may act onlywith respect to the findings and sentence as approved by the conveningauthority. It may affirm only such findings of guilty and the sentence, orsuch part or amount of the sentence, as it finds correct in law and factand determines, on the basis of the entire record, should be approved. Inconsidering the record, it may weigh the evidence, judge the credibility ofwitnesses and determine controverted questions of fact, recognizing thatthe trial court saw and heard the witnesses.
(d) If the court of military review sets aside the findings andsentence, it may, except where the setting aside is based on lack ofsufficient evidence in the record to support the findings, order arehearing. If it sets aside the findings and sentence and does not order arehearing, it shall order that the charges be dismissed.
(e) The judge advocate general shall, unless there is to be furtheraction by the governor, the adjutant general, the Kansas court of appeals or theKansas supreme court, instruct the convening authority to take action inaccordance with the decision of the court of military review. If the courtof military review has ordereda rehearing but the convening authority finds a rehearing impracticable, theconvening authority shall dismiss the charges.
(f) The governor shall prescribe uniform rules of procedure for courtsof military review and shall periodically formulate policies and procedurein regard to review of court-martial cases in the office of the judgeadvocate general and by courts of military review.
(g) No member of a court of military review shall be required or, on themember's own initiative, be permitted to prepare, approve, disapprove,review or submit, with respect to any other member of the same or anothercourt of military review, an effectiveness, fitness or efficiency report,or any other report or document used in whole or in part for the purpose ofdetermining whether a member of the armed forces is qualified to beadvanced in grade, or in determining the assignment or transfer of a memberof the armed forces, or in determining whether a member of the armed forcesshall be retained on active duty.
(h) No member of a court of military review shall be eligible to reviewthe record of any trial if such member served as investigating officer inthe case or served as a member of the court-martial before which such trialwas conducted, or served as military judge, trial or defense counsel orreviewing officer of such trial.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2922.(KCMJ Art. 66) Review by court of military review.(a) The judge advocate general shall establish a courtof military review which shall be composed of one or more panels, and eachsuch panel shall be composed of not less than three appellate militaryjudges. For the purpose of reviewing court-martial cases, the court may sitin panels or as a whole in accordance with rules prescribed undersubsection (f). Any decision of apanel may be reconsidered by the court sitting as a whole in accordancewith such rules. Appellate military judges who are assigned to a court ofmilitary review may be commissioned officers or civilians, each of whommust be a member of a bar of a federal court or the highest court of astate. The judge advocate general shall designate as chief judge one of theappellate military judges of the court of military review established bythe judge advocate general. The chief judge shall determine on which panelsof the court the appellate judges assigned to the court will serve andwhich military judge assigned to the court will act as the senior judge on each panel.
(b) The judge advocate general shall refer to a court of military reviewthe record in each case of trial by court-martial in which:
(1) The sentence, as approved, extends to dismissal of acommissioned officer, dishonorable or bad-conduct discharge or confinementfor three or more months; and
(2) the right to appellate review has not been waived or an appeal hasnot been withdrawn under K.S.A. 48-2917.
(c) In a case referred to it, the court of military review may act onlywith respect to the findings and sentence as approved by the conveningauthority. It may affirm only such findings of guilty and the sentence, orsuch part or amount of the sentence, as it finds correct in law and factand determines, on the basis of the entire record, should be approved. Inconsidering the record, it may weigh the evidence, judge the credibility ofwitnesses and determine controverted questions of fact, recognizing thatthe trial court saw and heard the witnesses.
(d) If the court of military review sets aside the findings andsentence, it may, except where the setting aside is based on lack ofsufficient evidence in the record to support the findings, order arehearing. If it sets aside the findings and sentence and does not order arehearing, it shall order that the charges be dismissed.
(e) The judge advocate general shall, unless there is to be furtheraction by the governor, the adjutant general, the Kansas court of appeals or theKansas supreme court, instruct the convening authority to take action inaccordance with the decision of the court of military review. If the courtof military review has ordereda rehearing but the convening authority finds a rehearing impracticable, theconvening authority shall dismiss the charges.
(f) The governor shall prescribe uniform rules of procedure for courtsof military review and shall periodically formulate policies and procedurein regard to review of court-martial cases in the office of the judgeadvocate general and by courts of military review.
(g) No member of a court of military review shall be required or, on themember's own initiative, be permitted to prepare, approve, disapprove,review or submit, with respect to any other member of the same or anothercourt of military review, an effectiveness, fitness or efficiency report,or any other report or document used in whole or in part for the purpose ofdetermining whether a member of the armed forces is qualified to beadvanced in grade, or in determining the assignment or transfer of a memberof the armed forces, or in determining whether a member of the armed forcesshall be retained on active duty.
(h) No member of a court of military review shall be eligible to reviewthe record of any trial if such member served as investigating officer inthe case or served as a member of the court-martial before which such trialwas conducted, or served as military judge, trial or defense counsel orreviewing officer of such trial.
