South Dakota § 33-10-192 Matters considered at rehearing--Dismissal without rehearing.

South Dakota Statutes

§ 33-10-192 — Matters considered at rehearing--Dismissal without rehearing.

South Dakota·Title 33 MILITARY AFFAIRS·Ch. 33-7 UNIFORM STATE CODE OF MILITARY JUSTICE

A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence.

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A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence.

South Dakota § 33-10-192 (Matters considered at rehearing--Dismissal without rehearing.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.