29B.64 - REHEARINGS.
29B.64 REHEARINGS.
If the convening authority disapproves the findings and sentence
of a court-martial the convening authority may, except where there is
lack of sufficient evidence in the record to support the findings,
order a rehearing. In such case the convening authority shall state
the reasons for disapproval. If the convening authority disapproves
the findings and sentence and does not order a rehearing, the
convening authority shall dismiss the charges.
Each rehearing shall take place before a court-martial composed of
members not members of the court-martial which first heard the case.
Upon a rehearing the accused may not be tried for any offense of
which the accused was found not guilty by the first court-martial,
and no sentence in excess of or more severe than the original
sentence may be imposed, unless the sentence is based upon a finding
of guilty of an offense not considered upon the merits in the
original proceedings, or unless the sentence prescribed for the
offense is mandatory. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.64]