Title 44, Title 44 — Militia

ARTICLE 34. Advice to convening authority before referral for trial. A. General court-martial. 1. Staff judge advocate advice required before referral. Before referral of charges and specifications to a general court- martial for trial, the convening authority shall submit the ma…

ARTICLE 35. Service of charges; commencement of trial. A. In general. Trial counsel detailed for a court-martial under Section 827 of this title (Article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial. B. Commencement of …

ARTICLE 36. Procedure for courts-martial. A. The procedure, in all cases tried by courts-martial under the Oklahoma Uniform Code of Military Justice, shall be the federal Rules for Courts-Martial, as prescribed in the most recent edition of the Manual for Courts-Martial, United S…

ARTICLE 37. Unlawfully influencing action of court. A. No authority convening a general, special, or summary court- martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, or…

ARTICLE 38. Duties of trial counsel and defense counsel. A. The trial counsel of a general or special court-martial shall prosecute in the name of the State of Oklahoma, and shall, under the direction of the court, prepare the record of the proceedings. B. 1. The accused has the …

ARTICLE 39. Sessions. A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 835 of this title (Article 35), call the court into session without the pre…

ARTICLE 40. Continuances. The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.

ARTICLE 41. Challenges. A. 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may n…

ARTICLE 42. Oaths. A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perf…

ARTICLE 43. Statute of limitations. A. Except as otherwise provided in this section, a person charged with a military offense is not liable to be tried by court- martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications …

ARTICLE 44. Former jeopardy. A. No person may, without his or her consent, be tried a second time for the same offense. B. No proceeding in which an accused has been found guilty by court-martial upon any charge or specification is a trial in the sense of this section until the f…

ARTICLE 45. Pleas of the accused. A. Irregular and similar pleas. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he or she has entered the plea of guilty improvidently or thro…

trials by court-martial. ARTICLE 46. Opportunity to obtain witnesses and other evidence in trials by court-martial. A. Opportunity to obtain witnesses and other evidence. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial …

ARTICLE 47. Refusal to appear or testify. A. In general. 1. Any person described in paragraph 2 of this subsection who: a. willfully neglects or refuses to appear, or b. willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is requir…

ARTICLE 48. Contempt. A. Authority to punish. 1. With respect to any proceeding under the Oklahoma Uniform Code of Military Justice, a judicial officer specified in paragraph 2 of this subsection may punish for contempt any person who: a. uses any menacing word, sign, or gesture …

ARTICLE 49. Depositions. A. In general. 1. Subject to paragraph 2 of this subsection, a convening authority or a military judge may order depositions at the request of any party. 2. A deposition may be ordered under paragraph 1 of this subsection only if the requesting party demo…

inquiry. ARTICLE 50. Admissibility of sworn testimony from records of courts of inquiry. A. Use as evidence by any party. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a cour…

ARTICLE 50A. Defense of lack of mental responsibility. A. It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the…

ARTICLE 51. Voting and rulings. A. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith…

matters. ARTICLE 52. Votes required for conviction, sentencing and other matters. A. In general. No person may be convicted of an offense in a general or special court-martial, other than: 1. After a plea of guilty under subsection B of Section 845 of this title (Article 45, subs…

ARTICLE 53. Findings and sentencing. A. A court-martial shall announce its findings and sentence to the parties as soon as determined. B. Sentencing generally. 1. General and special courts-martial. a. Sentencing by military judge. Except as provided in subparagraph b of this par…

ARTICLE 53A. Plea agreements. A. In general. 1. At any time before the announcement of findings under Section 853 of this title (Article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as: a. the manner in which the conven…

ARTICLE 54. Record of trial. A. General and special courts-martial. Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court reporter, except that in the case of death, disabilit…

ARTICLE 55. Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to the Oklahoma Uniform Code of…

ARTICLE 56. Sentencing. A. Sentence maximums. The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or Adjutant General may prescribe for that offense. B. Imposition of sentence. 1. In general. In sentencing an accused under Sec…

ARTICLE 57. Effective date of sentences. A. Execution of sentences. A court-martial sentence shall be executed and take effect as follows: 1. Forfeiture and reduction. A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on wh…

ARTICLE 58. Execution of confinement. A. Under such regulations as the Governor or Adjutant General may prescribe, a sentence of confinement adjudged by a court- martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal ha…

ARTICLE 58A. Sentences: reduction in enlisted grade. A. A court-martial sentence of an enlisted member in a pay grade above E-1, as set forth in the judgment of the court-martial entered into the record under Section 860C of this title (Article 60C), that includes: 1. A dishonora…

confinement. ARTICLE 58B. Sentences: forfeiture of pay and allowances during confinement. A. 1. A court-martial sentence described in paragraph 2 of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement o…

liability. ARTICLE 58C. Enforcement of fines or adjudication of pecuniary liability. When a sentence, including a fine, or a finally approved adjudication of pecuniary liability under a report of survey or financial liability investigation of property loss (FLIPL) has been ordere…

ARTICLE 58D. Parole. The system of parole established pursuant to Section 10 of Article VI of the Oklahoma Constitution and Titles 22 and 57 of the Oklahoma Statutes shall be applicable to any person in any place of confinement under the control of the state military forces or in…

ARTICLE 59. Error of law - lesser included offense. A. A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. B. Any reviewing authority with the power to appr…

martial. ARTICLE 60. Posttrial processing in general and special courts- martial. A. Statement of trial results. 1. The military judge of a general or special court-martial shall enter into the record of trial a document entitled "Statement of Trial Results", which shall set fort…

posttrial circumstances. ARTICLE 60A. Limited authority to act on sentence in specified posttrial circumstances. A. In general. 1. The convening authority of a general or special court- martial described in paragraph 2 of this subsection: a. may act on the sentence of the court-m…

general and special courts-martial. ARTICLE 60B. Posttrial actions in summary courts-martial and certain general and special courts-martial. A. In general. 1. In a court-martial not specified in paragraph 2 of subsection A of Section 860A of this title (Article 60A, subsection A,…

ARTICLE 60C. Entry of judgment. A. Entry of judgment of general or special court-martial. 1. In accordance with regulations prescribed by the Adjutant General, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court…

ARTICLE 61. Waiver of right to appeal; withdrawal of appeal. A. Waiver of right to appeal. After entry of judgment in a general or special court-martial, under regulations promulgated by the Adjutant General, the accused may waive the right to appellate review in each case subjec…

ARTICLE 62. Appeal by the State of Oklahoma. A. 1. In a trial by general or special court-martial, or in a pretrial proceeding under Section 830A of this title (Article 30A), the State of Oklahoma may appeal the following: a. an order or ruling of the military judge which termina…

ARTICLE 63. Rehearings. A. Each rehearing under the Oklahoma Uniform Code of Military Justice shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any of…

court-martial. ARTICLE 64. Judge advocate review of finding of guilty in summary court-martial. A. In general. Under regulations prescribed by the Adjutant General, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge adv…

ARTICLE 65. Transmittal and review of records. A. Transmittal of records. 1. Finding of guilty in general or special court-martial. If the judgment of a general or special court-martial entered under Section 860C of this title (Article 60C) includes a finding of guilty, the recor…

ARTICLE 66. Military Court of Appeals for state military forces. A. Military Court of Appeals. There is hereby established a Military Court of Appeals for the state military forces of the State of Oklahoma. The Military Court of Appeals shall be a court of record and except as pr…

ARTICLE 67. Review by the Oklahoma Court of Criminal Appeals. A. Powers as court of last resort. The Oklahoma Court of Criminal Appeals shall be the court of last resort for all general and special courts-martial convened by the state military forces. In reviewing petitions or ap…

ARTICLE 69. Review by State Judge Advocate. A. In general. Upon application by the accused and subject to subsections B, C and D of this section, the State Judge Advocate may modify or set aside, in whole or in part, the findings and sentence in a court-martial that is not review…

ARTICLE 70. Appellate counsel. A. The State Judge Advocate shall detail in his or her office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under paragraph 1 of subsection B …

ARTICLE 72. Vacation of suspension. A. Before the vacation of the suspension of a special court- martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probation…

ARTICLE 73. Petition for a new trial. At any time within three (3) years after the date of the entry of judgment under Section 860C of this title (Article 60C), the accused may petition the State Judge Advocate for a new trial on the grounds of newly discovered evidence or fraud …

ARTICLE 74. Remission and suspension. A. The Adjutant General, the State Judge Advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor. B. …

ARTICLE 75. Restoration. A. Under such regulations as the Adjutant General may promulgate, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be re…

ARTICLE 76. Finality of proceedings, findings, and sentences. The appellate review of records of trial provided by the Oklahoma Uniform Code of Military Justice, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the Code,…