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 § 39A-5-223

Title 39ANational Guard and Militia Act

Ch. 39A-5Utah Code of Military Justice

Part 39A-5-2Military Courts

This text of Utah § 39A-5-223 (Vote necessary for conviction or other questions -- Tie votes.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 39A-5-223 (2026).

Text

(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.