Section 32.1052 - Conviction and sentence; concurrence of 2/3 of members present required; determination of questions by majority vote or lesser vote; tie vote.
MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (EXCERPT)
Act 523 of 1980
32.1052 Conviction and sentence; concurrence of 2/3 of members present required; determination of questions by majority vote or lesser vote; tie vote.
Sec. 52.
(1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the vote is taken.
(2) Each sentence shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.
(3) Any other question to be decided by the members of a general or special court-martial shall be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
History: 1980, Act 523, Eff. Mar. 31, 1981