(Article 73.) Petition for a New Trial

Ala. Code § 31-2A-73 — under Title 31.

Ala. Code § 31-2A-73

(a) At any time within 30 days after notice of approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.

(b) At any time within 30 days of discovery of newly discovered evidence or fraud on the court-martial, the accused may petition for a new trial with the Military Court- Martial Review Panel. In the event the accused’s case is pending before the Alabama Supreme Court, the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.

History: (Act 2012-334, p. 790, §1; Act 2024-329, §1.)