Utah § 39A-5-223 Vote necessary for conviction or other questions -- Tie votes.

Utah Statutes

§ 39A-5-223 — Vote necessary for conviction or other questions -- Tie votes.

Utah·Title 39A National Guard and Militia Act·Ch. 39A-5 Utah Code of Military Justice·Part 39A-5-2 Military Courts

(1)The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.

(2)All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

(3)(3)(a) A tie vote on a challenge disqualifies the member challenged.

(3)(b) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.

(3)(c) A tie vote on any other question is a determination in

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(1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.
(2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
(3) (3)(a) A tie vote on a challenge disqualifies the member challenged.
(3)(b) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.
(3)(c) A tie vote on any other question is a determination in favor of the accused.

Utah § 39A-5-223 (Vote necessary for conviction or other questions -- Tie votes.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.