§ 12-64-714 — Appeal

(a) (1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals. (B) The Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code. (2) When an accused has exhausted all other rights of review with the organized militia, the accused may appeal the conviction and sentence of any court-martial that does not sentence the accused to incarceration to a board of review as provided under § 12-64-704 . (b) The proceedings for an appeal shall be initiated by filing a notice of appeal with the Adjutant General. The notice of appeal shall be served on the Adjutant General personally or by certified mail. It shall be unnecessary to serve other parties. Any appeal shall be filed with the Adjutant General no more than thirty (30) days after the effective date of the sentence under § 12-64-604 . (c) The record of any court-martial conviction and sentence appealed shall be lodged in the office of the clerk of the court within the time prescribed by law or court rule for filing an appeal of a criminal conviction in a circuit court in this state, and not thereafter, and only after the party appealing has paid to the Adjutant General the costs for preparation of the certified transcripts and to the military court clerk the filing costs, except for paupers as provided for by the appellate court rules. (d) In all cases of appeal to the Supreme Court or Court of Appeals, the appeal shall be taken on the record in the case, consisting of pertinent documents and papers, any transcript of evidence, and the findings and orders. The appellate jurisdiction of the Supreme Court and Court of Appeals shall extend only to questions of law, as in criminal cases appealed from the circuit courts. (e) Upon request of the defendant and a showing of indigency, the State Judge Advocate may appoint an attorney having the qualifications prescribed in § 12-64-410 to represent the defendant in the appeal of his or her court-martial conviction and sentence to the Supreme Court or Court of Appeals. (f) On an appeal under subdivision (a)(1) of this section, the state shall be represented by the Attorney General or his or her designee.

Legislative History

Amended by Act 2019, No. 211,§ 19, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 32, eff. 7/22/2015. Acts 1987, No. 125, § 14.