130.71 - Petition for a new trial.

§ 130.71. Petition  for  a  new  trial.   At any time within two years  after approval by the convening authority of a  court-martial  sentence,  the accused may petition the state judge advocate for a new trial on the  grounds  of  newly  discovered  evidence  or  fraud on the court. If the  accused's case is pending before a board of military  review  or  before  the  governor,  the state judge advocate shall refer the petition to the  board of military review or governor for  action.  Otherwise  the  state  judge advocate shall act upon the petition.