§ 30-13-66 - Rehearings.
SECTION 30-13-66
§ 30-13-66 Rehearings. – (a) If the convening authority disapproves the findings and sentence of acourt-martial he or she may, except where there is lack of sufficient evidencein the record to support the findings, order a rehearing. In that case theconvening authority shall state the reasons for disapproval. If the conveningauthority disapproves the findings and sentence and does not order a rehearing,he or she shall dismiss the charges.
(b) Each rehearing shall take place before a court-martialcomposed of members not members of the court-martial which first heard thecase. Upon a rehearing the accused may not be tried for any offense of which heor she was found not guilty by the first court-martial, and no sentence inexcess of or more severe than the original sentence may be imposed, unless thesentence is based upon a finding of guilty of an offense not considered uponthe merits in the original proceedings, or unless the sentence prescribed forthe offense is mandatory.