§ 30-13-68 Review of records. – (a) If the convening authority is the governor, his or her action on the reviewof any record of trial is final.
(b) In all other cases not covered by subsection (a) of thissection, if the sentence of a special court-martial as approved in accordancewith the provisions of § 30-13-62 includes a bad-conduct discharge,whether or not suspended, the entire record shall be sent to the appropriatestaff judge advocate or legal officer of the next higher command not havingpreviously reviewed the record pursuant to § 30-13-62, if any there be, tobe reviewed in the same manner as a record of trial by general court-martial.The record and the opinion of the staff judge advocate or legal officer shallthen be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shallbe sent to the law specialist or legal officer of the appropriate force of thestate military forces and shall be acted upon, transmitted, and disposed of asmay be prescribed by regulations prescribed by the governor.
(d) The state judge advocate shall review the record of trialin each case sent to him or her for review as provided under subsection (b) ofthis section. If the final action of the court-martial has resulted in anacquittal of all charges and specifications, the opinion of the state judgeadvocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in anycase reviewable by him or her.
(f) In a case reviewable by the state judge advocate underthis section, the state judge advocate may act only with respect to thefindings and sentence as approved by the convening authority. The state judgeadvocate may affirm only such findings of guilty, and the sentence or such apart or amount of the sentence, as he or she finds correct in law and fact anddetermines, on the basis of the entire record, should be approved. Inconsidering the record, the state judge advocate may weigh the evidence, judgethe credibility of witnesses, and determine controverted questions of fact,recognizing that the trial court saw and heard the witnesses. If the statejudge advocate sets aside the findings and sentence, he or she may, exceptwhere the setting aside is based on lack of sufficient evidence in the recordto support the findings, order a rehearing. If the state judge advocate setsaside the findings and sentence and does not order a rehearing, he or she shallorder that the charges be dismissed.
(g) In a case reviewable by the state judge advocate underthis section, he or she shall instruct the convening authority to act inaccordance with his or her decision on the review. If the state judge advocatehas ordered a rehearing but the convening authority finds a rehearingimpracticable within a reasonable time, he or she shall dismiss the charges.
(h) The state judge advocate may order one or more boards ofreview each composed of not less than three (3) commissioned officers of thestate military forces, each of whom must be a member of the bar of the highestcourt of the state. Each board of review shall review the record of any trialby special court-martial, including a sentence to a bad-conduct discharge,referred to it by the state judge advocate. Boards of review have the sameauthority on review as the state judge advocate has under this section.
§ 30-13-68 Review of records. – (a) If the convening authority is the governor, his or her action on the reviewof any record of trial is final.
(b) In all other cases not covered by subsection (a) of thissection, if the sentence of a special court-martial as approved in accordancewith the provisions of § 30-13-62 includes a bad-conduct discharge,whether or not suspended, the entire record shall be sent to the appropriatestaff judge advocate or legal officer of the next higher command not havingpreviously reviewed the record pursuant to § 30-13-62, if any there be, tobe reviewed in the same manner as a record of trial by general court-martial.The record and the opinion of the staff judge advocate or legal officer shallthen be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shallbe sent to the law specialist or legal officer of the appropriate force of thestate military forces and shall be acted upon, transmitted, and disposed of asmay be prescribed by regulations prescribed by the governor.
(d) The state judge advocate shall review the record of trialin each case sent to him or her for review as provided under subsection (b) ofthis section. If the final action of the court-martial has resulted in anacquittal of all charges and specifications, the opinion of the state judgeadvocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in anycase reviewable by him or her.
(f) In a case reviewable by the state judge advocate underthis section, the state judge advocate may act only with respect to thefindings and sentence as approved by the convening authority. The state judgeadvocate may affirm only such findings of guilty, and the sentence or such apart or amount of the sentence, as he or she finds correct in law and fact anddetermines, on the basis of the entire record, should be approved. Inconsidering the record, the state judge advocate may weigh the evidence, judgethe credibility of witnesses, and determine controverted questions of fact,recognizing that the trial court saw and heard the witnesses. If the statejudge advocate sets aside the findings and sentence, he or she may, exceptwhere the setting aside is based on lack of sufficient evidence in the recordto support the findings, order a rehearing. If the state judge advocate setsaside the findings and sentence and does not order a rehearing, he or she shallorder that the charges be dismissed.
(g) In a case reviewable by the state judge advocate underthis section, he or she shall instruct the convening authority to act inaccordance with his or her decision on the review. If the state judge advocatehas ordered a rehearing but the convening authority finds a rehearingimpracticable within a reasonable time, he or she shall dismiss the charges.
(h) The state judge advocate may order one or more boards ofreview each composed of not less than three (3) commissioned officers of thestate military forces, each of whom must be a member of the bar of the highestcourt of the state. Each board of review shall review the record of any trialby special court-martial, including a sentence to a bad-conduct discharge,referred to it by the state judge advocate. Boards of review have the sameauthority on review as the state judge advocate has under this section.
§ 30-13-68 Review of records. – (a) If the convening authority is the governor, his or her action on the reviewof any record of trial is final.
(b) In all other cases not covered by subsection (a) of thissection, if the sentence of a special court-martial as approved in accordancewith the provisions of § 30-13-62 includes a bad-conduct discharge,whether or not suspended, the entire record shall be sent to the appropriatestaff judge advocate or legal officer of the next higher command not havingpreviously reviewed the record pursuant to § 30-13-62, if any there be, tobe reviewed in the same manner as a record of trial by general court-martial.The record and the opinion of the staff judge advocate or legal officer shallthen be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shallbe sent to the law specialist or legal officer of the appropriate force of thestate military forces and shall be acted upon, transmitted, and disposed of asmay be prescribed by regulations prescribed by the governor.
(d) The state judge advocate shall review the record of trialin each case sent to him or her for review as provided under subsection (b) ofthis section. If the final action of the court-martial has resulted in anacquittal of all charges and specifications, the opinion of the state judgeadvocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in anycase reviewable by him or her.
(f) In a case reviewable by the state judge advocate underthis section, the state judge advocate may act only with respect to thefindings and sentence as approved by the convening authority. The state judgeadvocate may affirm only such findings of guilty, and the sentence or such apart or amount of the sentence, as he or she finds correct in law and fact anddetermines, on the basis of the entire record, should be approved. Inconsidering the record, the state judge advocate may weigh the evidence, judgethe credibility of witnesses, and determine controverted questions of fact,recognizing that the trial court saw and heard the witnesses. If the statejudge advocate sets aside the findings and sentence, he or she may, exceptwhere the setting aside is based on lack of sufficient evidence in the recordto support the findings, order a rehearing. If the state judge advocate setsaside the findings and sentence and does not order a rehearing, he or she shallorder that the charges be dismissed.
(g) In a case reviewable by the state judge advocate underthis section, he or she shall instruct the convening authority to act inaccordance with his or her decision on the review. If the state judge advocatehas ordered a rehearing but the convening authority finds a rehearingimpracticable within a reasonable time, he or she shall dismiss the charges.
(h) The state judge advocate may order one or more boards ofreview each composed of not less than three (3) commissioned officers of thestate military forces, each of whom must be a member of the bar of the highestcourt of the state. Each board of review shall review the record of any trialby special court-martial, including a sentence to a bad-conduct discharge,referred to it by the state judge advocate. Boards of review have the sameauthority on review as the state judge advocate has under this section.
