48-2923. (KCMJ Art. 67) Review by Kansas court of appeals.
48-2923
48-2923. (KCMJ Art. 67) Review by Kansas court ofappeals.(a) The Kansas court of appeals shall reviewthe record in:
(1) All cases reviewed by a court of military review which the judgeadvocate general orders sent to the court of appeals for review; and
(2) all cases reviewed by a court of military review in which, uponpetition of the accused and on good cause shown, the court of appeals hasgranted a review.
(b) The accused may petition the Kansas court of appeals for review of adecision of a court of military review within 60 days from the earlier of:
(1) The date on which the accused is notified of the decision of the courtof military review; or
(2) the date on which a copy of the decision of the court of militaryreview, after being served on appellate counsel of record for the accused,if any, is deposited in the United States mails for delivery by first classcertified mail to the accused at an address provided by the accused or, ifno such address has been provided by the accused, at the latest addresslisted for the accused in the accused's official service record. The courtof appeals shall act upon such a petition promptly in accordance with therules of the court.
(c) In any case reviewed by it, the Kansas court of appeals may act only withrespect to the findings and sentence as approved by the convening authorityand as affirmed or set aside as incorrect in law by the court of militaryreview. In a case which the judge advocate general orders sent to the courtof appeals, that action need be taken only with respect to the issuesraised by the judge advocate general. In a case reviewed upon petition ofthe accused, that action need be taken only with respect to issuesspecified in the grant of review. The court of appeals shall take actiononly with respect to matters of law.
(d) If the Kansas court of appeals sets aside the findings and sentence, itmay, except where the setting aside is based on lack of sufficient evidencein the record to support the findings, order a rehearing. If it sets asidethe findings and sentence and does not order a rehearing, it shall orderthat the charges be dismissed.
(e) After it has acted on a case, the Kansas court of appeals may direct thejudge advocate general to return the record to the court of military reviewfor further review in accordance with the decision of the court. Otherwise,unless there is to be further action by the governor, the judge advocategeneral shall instruct the convening authority to take action in accordancewith that decision. If the court has ordered a rehearing, but the conveningauthority finds a rehearing impracticable, the convening authority maydismiss the charges.
History: L. 1988, ch. 191, § 45; July 1.