Arkansas § 12-64-707 Rehearings

Arkansas Statutes

§ 12-64-707 — Rehearings

(a)(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.

(2)In such a case he or she shall state the reasons for disapproval.

(3)If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

(b)(1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.

(2)Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is bas

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(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. (2) In such a case he or she shall state the reasons for disapproval. (3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges. (b) (1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. (2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

Arkansas § 12-64-707 (Rehearings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.