§ 30-13-68. Review of records.
(a) If the convening authority is the governor, his or her action on the review of any
record of trial is final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence
of a special court-martial as approved in accordance with the provisions of § 30-13-62 includes a bad-conduct discharge, whether or not suspended, the entire record shall
be sent to the appropriate staff judge advocate or legal officer of the next higher
command not having previously reviewed the record pursuant to § 30-13-62, if any there be, to be reviewed in the same manner as a record of trial by general
court-martial. The record and the opinion of the staff judge advocate or legal officer
shall then be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shall be sent to the law specialist
or legal officer of the appropriate force of the state military forces and shall be
acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed
by the governor.
(d) The state judge advocate shall review the record of trial in each case sent to him
or her for review as provided under subsection (b) of this section. If the final action
of the court-martial has resulted in an acquittal of all charges and specifications,
the opinion of the state judge advocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in any case reviewable by him or
her.
(f) In a case reviewable by the state judge advocate under this section, the state judge
advocate may act only with respect to the findings and sentence as approved by the
convening authority. The state judge advocate may affirm only such findings of guilty,
and the sentence or such a part or amount of the sentence, as he or she finds correct
in law and fact and determines, on the basis of the entire record, should be approved.
In considering the record, the state judge advocate 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 state 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 the state judge advocate sets aside the findings and sentence and
does not order a rehearing, he or she shall order that the charges be dismissed.
(g) In a case reviewable by the state judge advocate under this section, he or she shall
instruct the convening authority to act in accordance with his or her decision on
the review. If the state judge advocate has ordered a rehearing but the convening
authority finds a rehearing impracticable within a reasonable time, he or she shall
dismiss the charges.
(h) The state judge advocate may order one or more boards of review each composed of not
less than three (3) commissioned officers of the state military forces, each of whom
must be a member of the bar of the highest court of the state. Each board of review
shall review the record of any trial by special court-martial, including a sentence
to a bad-conduct discharge, referred to it by the state judge advocate. Boards of
review have the same authority on review as the state judge advocate has under this
section.