Maine § 37-B §432 Reconsideration

Maine Statutes

§ 37-B §432 — Reconsideration

Maine·Title 37-B DEFENSE, VETERANS AND EMERGENCY MANAGEMENT·Ch. 5 MAINE CODE OF MILITARY JUSTICE

1.Return of record. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

2.Errors. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case may the record be returned:

3.Rehearing. A rehearing must be ordered as follows.

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1.
Return of record.
If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
2.
Errors.
Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case may the record be returned:
3.
Rehearing.
A rehearing must be ordered as follows.

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