Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2924.(KCMJ Art. 69) Review in the office of the judge advocate general.(a) The record of trial in each general court-martialthat is not otherwise reviewed under K.S.A. 48-2922 shall beexamined in theoffice of the judge advocate general if there is a finding of guilty andthe accused does not waive or withdraw the accused's right to appellatereview under K.S.A. 48-2917. If any part of the findings orsentence is found tobe unsupported in law or if reassessment of the sentence is appropriate,the judge advocate general may modify or set aside the findings or sentenceor both. If the judge advocate general so directs, the record shall bereviewed by a court of military review under K.S.A. 48-2922, but inthat event there may be no further review by the Kansas court of appeals exceptunder subsection (b)(2) of K.S.A. 48-2923.
(b) The findings or sentence, or both, in a court-martial case notreviewed under subsection (a) or under K.S.A. 48-2922 may bemodified or setaside, in whole or in part, by the judge advocate general on the ground ofnewly discovered evidence, fraud on the court, lack of jurisdiction overthe accused or the offense, error prejudicial to the substantial rights ofthe accused, or the appropriateness of the sentence. If such a case isconsidered upon application of the accused, the application must be filedin the office of the judge advocate general by the accused on or before thelast day of the two-year period beginning on the date the sentence isapproved under subsection (c) of K.S.A. 48-2916, unless theaccused establishes good cause for failure to file within that time.
(c) If the judge advocate general sets aside the findings or sentence,the judge advocate general may, except when the setting aside is based onlack of sufficient evidence in the record to support the findings, order arehearing. If the judge advocate general sets aside the findings andsentence and does not ordera rehearing, the judge advocate general shall order that the charges bedismissed. If the judge advocate general orders a rehearing but theconvening authority finds a rehearing impractical, the convening authorityshall dismiss the charges.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2924.(KCMJ Art. 69) Review in the office of the judge advocate general.(a) The record of trial in each general court-martialthat is not otherwise reviewed under K.S.A. 48-2922 shall beexamined in theoffice of the judge advocate general if there is a finding of guilty andthe accused does not waive or withdraw the accused's right to appellatereview under K.S.A. 48-2917. If any part of the findings orsentence is found tobe unsupported in law or if reassessment of the sentence is appropriate,the judge advocate general may modify or set aside the findings or sentenceor both. If the judge advocate general so directs, the record shall bereviewed by a court of military review under K.S.A. 48-2922, but inthat event there may be no further review by the Kansas court of appeals exceptunder subsection (b)(2) of K.S.A. 48-2923.
(b) The findings or sentence, or both, in a court-martial case notreviewed under subsection (a) or under K.S.A. 48-2922 may bemodified or setaside, in whole or in part, by the judge advocate general on the ground ofnewly discovered evidence, fraud on the court, lack of jurisdiction overthe accused or the offense, error prejudicial to the substantial rights ofthe accused, or the appropriateness of the sentence. If such a case isconsidered upon application of the accused, the application must be filedin the office of the judge advocate general by the accused on or before thelast day of the two-year period beginning on the date the sentence isapproved under subsection (c) of K.S.A. 48-2916, unless theaccused establishes good cause for failure to file within that time.
(c) If the judge advocate general sets aside the findings or sentence,the judge advocate general may, except when the setting aside is based onlack of sufficient evidence in the record to support the findings, order arehearing. If the judge advocate general sets aside the findings andsentence and does not ordera rehearing, the judge advocate general shall order that the charges bedismissed. If the judge advocate general orders a rehearing but theconvening authority finds a rehearing impractical, the convening authorityshall dismiss the charges.
Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL
48-2924.(KCMJ Art. 69) Review in the office of the judge advocate general.(a) The record of trial in each general court-martialthat is not otherwise reviewed under K.S.A. 48-2922 shall beexamined in theoffice of the judge advocate general if there is a finding of guilty andthe accused does not waive or withdraw the accused's right to appellatereview under K.S.A. 48-2917. If any part of the findings orsentence is found tobe unsupported in law or if reassessment of the sentence is appropriate,the judge advocate general may modify or set aside the findings or sentenceor both. If the judge advocate general so directs, the record shall bereviewed by a court of military review under K.S.A. 48-2922, but inthat event there may be no further review by the Kansas court of appeals exceptunder subsection (b)(2) of K.S.A. 48-2923.
(b) The findings or sentence, or both, in a court-martial case notreviewed under subsection (a) or under K.S.A. 48-2922 may bemodified or setaside, in whole or in part, by the judge advocate general on the ground ofnewly discovered evidence, fraud on the court, lack of jurisdiction overthe accused or the offense, error prejudicial to the substantial rights ofthe accused, or the appropriateness of the sentence. If such a case isconsidered upon application of the accused, the application must be filedin the office of the judge advocate general by the accused on or before thelast day of the two-year period beginning on the date the sentence isapproved under subsection (c) of K.S.A. 48-2916, unless theaccused establishes good cause for failure to file within that time.
(c) If the judge advocate general sets aside the findings or sentence,the judge advocate general may, except when the setting aside is based onlack of sufficient evidence in the record to support the findings, order arehearing. If the judge advocate general sets aside the findings andsentence and does not ordera rehearing, the judge advocate general shall order that the charges bedismissed. If the judge advocate general orders a rehearing but theconvening authority finds a rehearing impractical, the convening authorityshall dismiss the charges.
