29B.52 - VOTING AND RULINGS.
29B.52 VOTING AND RULINGS.
1. Voting by members of a general or special court-martial on the
findings and on the sentence, and by members of a court-martial
without a military judge upon questions of challenge 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
immediately announce the result of the ballot to the members of the
court.
2. The military judge and, except for questions of challenge, the
president of a court-martial without a military judge, shall rule
upon all questions of law and all interlocutory questions arising
during the proceedings. A ruling made by the military judge upon a
question of law or an interlocutory question other than the factual
issue of mental responsibility of the accused, or by the president of
a court-martial without a military judge upon a question of law other
than a motion for a finding of not guilty is final and constitutes
the ruling of the court. However, the military judge may change a
ruling at any time during the trial. Unless the ruling is final, if
a member objects to the ruling, the court shall be cleared and closed
and the question decided by a voice vote as provided in this code
beginning with the junior in rank.
3. Before a vote is taken on the findings, the military judge or
the president of a court-martial without a military judge shall, in
the presence of the accused and counsel, instruct the members of the
court as to the elements of the offense and charge them as follows:
a. That the accused must be presumed to be innocent until
guilt is established by legal and competent evidence beyond
reasonable doubt.
b. That in the case being considered, if there is a
reasonable doubt as to the guilt of the accused, the doubt must be
resolved in favor of the accused and the accused must be acquitted.
c. That, if there is a reasonable doubt as to the degree of
guilt, the finding must be in a lower degree as to which there is no
reasonable doubt.
d. That the burden of proof for establishing the guilt of the
accused beyond reasonable doubt is upon the state.
4. Subsection 3 does not apply to a court-martial composed of a
military judge only. The military judge of a court-martial composed
only of a military judge shall determine all questions of law and
fact arising during the proceedings, and, if the accused is
convicted, adjudge an appropriate sentence. The military judge shall
make a general finding and shall find the facts specifically on
request. If an opinion or memorandum of decision is filed, it is
sufficient if the findings of fact appear in the opinion or
memorandum of decision. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.52; 82 Acts, ch 1042, § 32]