Title MIL, Military

§ 130.33. Forwarding of charges. When a person is held for trial by\ngeneral court-martial, the commanding officer shall, within eight days\nafter the accused is ordered into arrest or confinement, if practicable,\nforward through channels the charges, together with the investig…

§ 130.34. Advice of staff judge advocate and reference for trial. (a)\nBefore directing the trial of any charge by general court-martial, the\nconvening authority shall refer it to the state judge advocate for\nconsideration and advice. The convening authority shall not refer a\…

§ 130.35. Service of charges. The trial counsel to whom court-martial\ncharges are referred for trial shall cause to be served upon the accused\na copy of the charges upon which trial is to be had. In time of peace\nno person shall, against his objection, be brought to trial, or…

§ 130.36. Adjutant general may prescribe rules. The procedure,\nincluding modes of proof, in cases before military courts and other\nmilitary tribunals may be prescribed by the adjutant general by\nregulations issued pursuant to this chapter which shall, so far as he\ndeems prac…

§ 130.37. Unlawfully influencing action of court. (a) No authority\nconvening a general, special, or summary court-martial, nor any other\ncommanding officer, shall censure, reprimand, or admonish such court or\nany member, military judge, or counsel thereof, with respect to the…

§ 130.38. Duties of trial counsel and defense counsel. (a) The trial\ncounsel of a general or special court-martial shall prosecute in the\nname of the state, and shall, under the direction of the court, prepare\nthe record of the proceedings.\n (b) The accused shall have the ri…

§ 130.39. Sessions.\n (a) At any time after the service of charges which have been referred\nfor trial to a court-martial composed of a military judge and members,\nthe military judge may, subject to section 130.35 of this chapter, call\nthe court into session without the presen…

§ 130.4. Discharge of commissioned officers. (a) When any officer,\ndischarged by order of the governor for absence without leave for a\nperiod of three months or more pursuant to section seventy-eight of this\nchapter, makes a written application for trial by court-martial, set…

§ 130.40. Continuances. The military judge or a court-martial without\na military judge may, for reasonable cause, grant a continuance to any\nparty for such time, and as often, as may appear to be just.\n

§ 130.41. Challenges. (a) The military judge and members of a general\nor special court-martial may be challenged by the accused or the trial\ncounsel for cause stated to the court. The military judge, or, if none,\nthe court, shall determine the relevancy and validity of challe…

§ 130.42. Oaths. (a) Before performing their respective duties,\nmilitary judges, members of general and special courts-martial, trial\ncounsel, assistant trial counsel, defense counsel, assistant defense\ncounsel, reporters, and interpreters shall take an oath to perform their\…

§ 130.43. Statute of limitations. (a) A person charged with desertion\nor absence without leave in time of war, or with aiding the enemy or\nwith mutiny may be tried and punished at any time without limitation.\n (b) Except as otherwise provided in this section, a person charged…

§ 130.44. Former jeopardy. (a) No person shall without his consent,\nbe tried a second time by a civil court or a military court of the state\nfor the same offense.\n (b) No proceeding in which an accused has been found guilty by a\ncourt-martial upon any charge or specification…

§ 130.45. Pleas of the accused. (a) If an accused after arraignment\nmakes any irregular pleading, or after a plea of guilty sets up matter\ninconsistent with the plea, or if it appears that he has entered the\nplea of guilty improvidently or through lack of understanding of its…

§ 130.46. Opportunity to obtain witnesses and other evidence. The\ntrial counsel, defense counsel, and the court-martial shall have equal\nopportunity to obtain witnesses and other evidence in accordance with\nregulations issued by the governor pursuant to this chapter. Process\…

§ 130.47. Refusal to appear or testify. Every person not subject to\nthis code who (a) has been duly subpoenaed to appear as a witness or to\nproduce books and records before any military court or board or before\nany military or civil officer designated to take a deposition to …

§ 130.48. Contempts. A military court may punish for contempt any\nperson who uses any menacing words, signs, or gestures in its presence,\nor who disturbs its proceedings by any riot or disorder. Such\npunishment shall not exceed confinement for thirty days or a fine of one\nhu…

§ 130.49. Depositions. (a) At any time after charges have been signed\nas provided in section 130.30, any party may take oral or written\ndepositions unless the military judge or court-martial without a\nmilitary judge hearing the case or, if the case is not being heard, an\naut…

§ 130.5. Territorial applicability of the code. (a) This code shall\nbe applicable in all places within the state. It shall also apply to\nall persons subject to this code while serving without the state and\nwhile going to and returning from such service without the state in li…

§ 130.50. Admissibility of records of courts of inquiry. (a) In any\ncase not extending to the dismissal of an officer, the sworn testimony,\ncontained in the duly authenticated record of proceedings of a court of\ninquiry, of a person whose oral testimony cannot be obtained, ma…

§ 130.51. Voting and rulings. (a) Voting by members of a general or\nspecial court-martial on the findings and on the sentence, and by\nmembers of a court-martial without a military judge upon questions of\nchallenge, shall be by secret written ballot. The junior member of the\n…

§ 130.52. Number of votes required. (a) No person shall be convicted\nof any offense, except as provided in subdivision (b) of section 130.45\nof this chapter, or by the concurrence of two-thirds of the members\npresent at the time the vote is taken.\n (b) All sentences shall be…

§ 130.53. Court to announce action. Every court-martial shall\nannounce its findings and sentence to the parties as soon as determined.\n

§ 130.54. Record of trial. (a) Each general court-martial shall keep\na separate record of the proceedings in each case brought before it, and\nthe record shall be authenticated by the signature of the military\njudge. If the record cannot be authenticated by the military judge …

§ 130.55. Cruel and unusual punishments prohibited. Punishment by\nflogging, or by branding, marking or tattooing on the body, or any other\ncruel or unusual punishment, shall not be adjudged by any court-martial\nor inflicted upon any person subject to this code. The use of iro…

§ 130.56. Maximum limits. The punishment which a court-martial may\ndirect for an offense shall not exceed the limits prescribed by this\ncode.\n

§ 130.57. Effective date of sentences. (a) Whenever a sentence of a\ncourt-martial as lawfully adjudged and approved includes a forfeiture of\npay or allowances in addition to confinement not suspended or deferred,\nthe forfeiture may apply to pay or allowances becoming due on o…

§ 130.58. Execution of confinement. (a) Any sentence or punishment of\nconfinement adjudged by a military court, whether or not such sentence\nor punishment includes discharge or dismissal, and whether or not such\ndischarge or dismissal has been executed, may be carried into ex…

§ 130.59. Error of law; lesser included offense. (a) A finding or\nsentence of a court-martial shall not be held incorrect on the ground of\nan error of law unless the error materially prejudices the substantial\nrights of the accused.\n (b) Any reviewing authority with the powe…

§ 130.6. Judge advocates and legal officers. (a) The state judge\nadvocate or his assistants shall make frequent inspections in the field\nin supervision of the administration of military justice in the\norganized militia.\n (b) Convening authorities shall at all times communica…

§ 130.60. Action by the convening authority. (a) The findings and\nsentence of a court-martial shall be reported promptly to the convening\nauthority after the announcement of the sentence.\n (b) (1) Within thirty days after the sentence of a general\ncourt-martial or of a speci…

§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to\nappellate review under section 130.65 or section 130.68 of this article\nthe accused may file with the convening authority a statement expressly\nwaiving the right of the accused to such review. Such a waiver…

§ 130.62. Rehearings. Each rehearing under this chapter shall take\nplace before a court-martial composed of members not members of the\ncourt-martial which first heard the case. Upon a rehearing the accused\nmay not be tried for any offense of which he was found not guilty by t…

§ 130.63. Review by a judge advocate. (a) Each case in which there\nhas been a finding of guilt that is not reviewed under section 130.65 or\n130.68 of this article shall be reviewed by a judge advocate under\nregulations of the adjutant general. A judge advocate may not review …

§ 130.64. Disposition of records. (a) In a case subject to appellate\nreview under section 130.65 of this article in which the right to such\nreview is not waived, or an appeal is not withdrawn under section 130.61\nof this article, the record of trial and action thereon shall b…

§ 130.65. Review by board of military review and approval by the\nadjutant general. (a) The state judge advocate shall establish a board\nof military review which shall be composed of not less than three\nofficers of the organized militia or on the state reserve list or state\nr…

§ 130.66. Review by the governor. (a) The governor shall review the\nrecord in all cases reviewed by a board of military review and approved\nby the adjutant general in which, upon petition of the accused and on\ngood cause shown, the governor grants such review.\n (b) The accus…

§ 130.67. Review counsel. (a) Upon the final review of a sentence of\na general court-martial or of a sentence to a bad-conduct discharge or\nof a sentence to any confinement the accused shall have the right to be\nrepresented by counsel before the reviewing authority, the staff…

§ 130.68. Review in the office of the state judge advocate. (a) The\nrecord of trial in each general court-martial that is not otherwise\nreviewed under section 130.65 of this article shall be examined in the\noffice of the state judge advocate if there is a finding of guilty an…

§ 130.69. Execution of sentence; suspension of sentence. (a) If in\nthe case of a commissioned officer, the sentence of a court-martial\nextends to dismissal, that part of the sentence providing for dismissal\nmay not be executed until approved by the adjutant general. In such a…

§ 130.7. Apprehension. (a) Apprehension is the taking into custody\nof a person.\n (b) Any person authorized under regulations issued pursuant to this\nchapter to apprehend persons subject to this code, any marshal of a\ncourt-martial appointed pursuant to the provisions of this…

§ 130.70. Vacation of suspension. (a) Before the vacation of the\nsuspension of a special court-martial sentence which as approved\nincludes a bad-conduct discharge or any court-martial sentence which\nincludes confinement or of any general court-martial sentence, the\nofficer h…

§ 130.71. Petition for a new trial. At any time within two years\nafter approval by the convening authority of a court-martial sentence,\nthe accused may petition the state judge advocate for a new trial on the\ngrounds of newly discovered evidence or fraud on the court. If the\…

§ 130.72. Remission and suspension. (a) The adjutant general and,\nwhen designated by him, the deputy adjutant general, chief of staff,\nstate judge advocate, or commanding officer may remit or suspend any\npart or amount of the unexecuted part of any sentence, including all\nun…

§ 130.72-a. Restoration. (a) Under such regulations as the adjutant\ngeneral may prescribe, all rights, privileges, and property affected by\nan executed part of a court-martial sentence which has been set aside or\ndisapproved, except an executed dismissal or discharge, shall b…

§ 130.72-b. Finality of proceedings, findings and sentences. The\nappellate review of records of trial provided by this chapter, the\nproceedings, findings, and sentences of courts-martial as approved,\nreviewed, or affirmed as required by this chapter, and all dismissals\nand d…

§ 130.72-c. Leave required to be taken pending review of certain\ncourt-martial convictions. Under regulations prescribed by the adjutant\ngeneral, an accused who has been sentenced by a court-martial will be\ncarried in a leave status and will not participate in any training\np…

§ 130.73. Principals. Any person subject to this code who--\n (1) commits an offense punishable by this code, or aids, abets,\ncounsels, commands, or procures its commission; or\n (2) causes an act to be done which if directly performed by him would\nbe punishable by this code;\…

§ 130.74. Accessory after the fact. Any person subject to this code\nwho, knowing that an offense punishable by this code has been committed,\nreceives, comforts, or assists the offender in order to hinder or\nprevent his apprehension, trial, or punishment shall be punished as a…

§ 130.75. Conviction of lesser included offense. An accused may be\nfound guilty of an offense necessarily included in the offense charged\nor of an attempt to commit either the offense charged or of an offense\nnecessarily included therein.\n