§950e Rehearings

Summary

A rehearing must be done by a military commission made up of members who did not sit on the first commission that heard the case. At a rehearing, the accused cannot be retried for any charge they were found not guilty of before. The new sentence cannot be harsher than the original unless the person is found guilty of an offense not decided before or the law requires a mandatory sentence. If the first sentence followed a pretrial deal and the accused changes their plea or breaks that deal at the rehearing, the punishment for those charges can be any sentence up to the amount lawfully given by the first commission.