29B.65 - REVIEW OF RECORDS -- DISPOSITION.
29B.65 REVIEW OF RECORDS -- DISPOSITION.
1. If the convening authority is the governor or adjutant
general, the convening authority's action on the review of any record
of trial is final.
2. In all other cases not covered by subsection 1, if the
sentence of a special court-martial as approved by the convening
authority includes a bad-conduct discharge, dishonorable discharge,
dismissal, or confinement, whether or not suspended, the entire
record shall be sent to the appropriate staff judge advocate of the
state force concerned to be reviewed in the same manner as a record
of trial by general court-martial.
3. All other special and summary court-martial records shall be
sent to the appropriate staff judge advocate of the state force
concerned and shall be acted upon, transmitted, and disposed of as
prescribed by rules of the adjutant general.
4. a. The staff judge advocate of the state force concerned
shall review the record of trial in each case sent for review as
provided under this section. If the final action of the
court-martial has resulted in an acquittal of all charges and
specifications, the opinion of the staff judge advocate is limited to
questions of jurisdiction.
b. The staff judge advocate shall take final action in any
case reviewable by the staff judge advocate.
5. In a case reviewable by the appropriate staff judge advocate
under this section, the staff judge advocate may act only with
respect to the findings and sentence as approved by the convening
authority. The staff judge advocate may affirm only such findings of
guilty, and the sentence or such part or amount of the sentence, as
the staff judge advocate finds correct in law and fact and
determines, on the basis of the entire record, should be approved.
In consideration of the record, the staff judge advocate may weigh
the evidence, judge the credibility of witnesses, and determine
controverted questions of fact, recognizing that the trial court saw
and heard the witnesses. If the staff judge advocate sets aside the
findings and sentence, the staff judge advocate may, except where the
setting aside is based on lack of sufficient evidence in the record
to support the findings, order a rehearing. If the staff judge
advocate sets aside the findings and sentence and does not order a
rehearing, the staff judge advocate shall order that the charges be
dismissed.
6. In a case reviewable by the staff judge advocate under this
section, the staff judge advocate shall instruct the convening
authority to act in accordance with the decision on the review. If
the staff judge advocate has ordered a rehearing but the convening
authority finds a rehearing impracticable, the staff judge advocate
may dismiss the charges.
7. The staff judge advocate may order one or more boards of
review each composed of not less than three commissioned officers of
the state military forces, each of whom must be a member of the bar
of the highest court of the state. Each board of review shall review
the record of any trial by court-martial including a sentence to a
dishonorable discharge, dismissal or confinement, referred to it by
the staff judge advocate. Boards of review have the same authority
on review as the staff judge advocate has under this section. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.65; 82 Acts, ch 1042, § 38] Section History: Recent Form
2002 Acts, ch 1117, §48, 52; 2008 Acts, ch 1032, § 201
Referred to in § 29B.60