South Dakota § 33-10-191 Matters considered at proceeding in revision.

South Dakota Statutes

§ 33-10-191 — Matters considered at proceeding in revision.

South Dakota § 33-10-191

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-191 (Matters considered at proceeding in revision.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 33-10-191 (2026).

Text

A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1)Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2)Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

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A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision: (1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.