Nebraska § 55-447 Petition for new trial

Nebraska Statutes

§ 55-447 — Petition for new trial

Nebraska § 55-447

Ch. 55Militia

This text of Nebraska § 55-447 (Petition for new trial) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 55-447 (2026).

Text

At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition to the court-martial which last heard the case which shall review the petition and the record and report to the convening authority its recommendation for grant or denial of new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section  55-438 . Upon filing of the petition for new trial, any proceedings pending upon appeal or review of sentence shall be dismissed.

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At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition to the court-martial which last heard the case which shall review the petition and the record and report to the convening authority its recommendation for grant or denial of new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 55-438 . Upon filing of the petition for new trial, any proceedings pending upon appeal or review of sentence shall be dismissed.