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Chapter 6. Trial Procedures-605 Motions
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A. General. A motion is a request to the military judge for some particular relief, as set forth in R.C.M. 905- 907. Motions may be oral, or in the discretion of the military judge, in writing. Motion practice is primarily the province of the defense counsel. B. Kinds of Motions.…
Chapter 6. Trial Procedures-606 Pleas
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A. Types of Pleas and Their Effect 1. Not Guilty Plea. Such a plea places all matters in issue and requires the prosecution to prove the accused's guilt beyond a reasonable doubt. If an accused fails or refuses to plead, or makes an irregular plea, the military judge shall enter …
Chapter 6. Trial Procedures-607 Former Jeopardy, Mistrial, and Withdrawal
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A. Former Jeopardy. A proceeding terminated by the government after evidence is introduced on the merits, without fault of the accused, is a trial. No person may, without his consent, be tried a second time for the same offense. Former jeopardy does not apply to offenses under ci…