South Carolina § 25-1-2830 Rehearings.

South Carolina Statutes

§ 25-1-2830 — Rehearings.

South Carolina § 25-1-2830

Title 25MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS

Ch. 1MILITARY CODE

This text of South Carolina § 25-1-2830 (Rehearings.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 25-1-2830 (2026).

Text

If the convening authority disapproves the findings and sentence of a court-martial, he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon 

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If the convening authority disapproves the findings and sentence of a court-martial, he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

Legislative History

HISTORY: Former SECTION 25-1-2830 [1950 (46) 1881; 1952 Code SECTIONS 44-183 to 44-187; 1962 Code SECTION 44-183; 1964 (53) 2241] recodified as SECTIONS 25-1-2530 and 25-1-2650 by 1984 Act No. 378; New SECTION 25-1-2830 En by 1984 Act No. 378, SECTION 33.