Utah § 39A-5-230 Rehearing ordered by convening authority -- Grounds -- Procedure.

Utah Statutes

§ 39A-5-230 — Rehearing ordered by convening authority -- Grounds -- Procedure.

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

(1)(1)(a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.

(1)(b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.

(2)(2)(a) Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.

(2)(b) At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.

(3)A sentence imposed may not exceed or be more severe than the original sentence, unl

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(1) (1)(a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.
(1)(b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.
(2) (2)(a) Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.
(2)(b) At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.
(3) A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings.

Utah § 39A-5-230 (Rehearing ordered by convening authority -- Grounds -- Procedure.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.