§ 28-3.1-411 — Review of records - disposition

Colorado § 28-3.1-411

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) If the convening authority is
the governor, he or she shall refer the record of courts-martial to the state judge
advocate general who shall submit his or her written opinion to the governor. If the
final action of the court has resulted in acquittal of all charges and specifications,
the opinion shall be limited to questions of jurisdiction. After consideration of the
opinion, the governor's action on review of any record is final.

(2) (a) Except as provided in subsection (1) of this section, the convening
authority shall refer the record of a general court-martial to the staff judge
advocate designated by the state judge advocate general who shall submit his or
her written opinion to the convening authority. If the final action of the court has
resulted in an acquittal of all charges and specifications, the opinion shall be
limited to questions of jurisdiction. When the convening authority has taken final
action, he or she shall forward the entire record, including his or her action thereon
and the opinion of the staff judge advocate, to the state judge advocate general for
review.

(b) In a case reviewable by the state judge advocate general under this
section, the staff judge advocate may act only with respect to the findings and
sentence as approved by the convening authority. He or she may affirm only the
findings of guilty and the sentence or part or amount of the sentence which he or
she finds correct in law and fact and determined on the basis of the entire record. In
considering the record, he or she may weigh the evidence, judge the credibility of
witnesses, and determine controverted questions of fact, recognizing that the trial
court saw and heard the witnesses. If the staff judge advocate sets aside the
findings and sentence, he or she may, except where the setting aside is based on
lack of sufficient evidence in the record to support the findings, order a rehearing. If
he or she sets aside the findings and sentence and does not order a rehearing, he or
she shall order that the charges be dismissed.

(c) The state judge advocate general shall instruct the convening authority
to act in accordance with his or her decision on the review. If he or she has ordered a
rehearing, but the convening authority finds a rehearing impracticable, he or she
may dismiss the charges.

(3) Except as provided in subsection (1) of this section, the convening
authority of any summary or special court-martial, after taking final action on
review, shall forward the entire record, including his or her action thereon, to the
staff judge advocate designated by the state judge advocate general. With respect
to such record, the staff judge advocate shall have the same duties and powers as
provided for the state judge advocate general in paragraphs (b) and (c) of
subsection (2) of this section.

(4) The state judge advocate general may order one or more boards of
review, each composed of not less than three commissioned officers of the state
military forces, or retired members of the military forces, or members of the United
States Air Forces or United States Army reserve, each of whom must be a member
of the bar of this state. Each board of review shall review the record of any trial by
special court-martial referred to it by the state judge advocate general. Boards of
review shall have the same authority on review as the state judge advocate general
has under subsection (2) of this section.

Legislative History

Source: L. 83: Entire article added, p. 1183, � 1, effective June 10. L. 2002: (1), (2), and (3) amended, p. 614, � 91, effective May 24.