§ 19-12-105 — Prosecutions; appeal

Wyoming § 19-12-105

• Jurisdiction: Wyoming
• Title 19: Defense Forces and Affairs
• Ch. 12: MILITARY COURTS AND JUSTICE
• Art. 1: STATE MILITARY CODE

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(a) All prosecutions under this article shall be by court-
martial or appropriate civilian court proceeding, with the
adjutant general having sole power to determine by which method
to proceed.
(b) If a complaint is filed in a district court or circuit
court of a county wherein the offense is alleged to have
occurred, the judge thereof or a magistrate therein may issue
warrants.
(c) A qualified judge under this article or rules
promulgated thereunder shall serve as judge in all general or
special courts-martial and be empowered to act on all matters
pertaining to that court.
(d) The state shall be represented by a judge advocate. If
none is available, the district or county attorney shall
represent the state and prosecute all cases commenced in the
courts.
(e) To conduct any pretrial hearing required for a general
court-martial the adjutant general shall appoint a judge
advocate who is not appointed to represent a party in the case.
(f) No sentence of dismissal from the service or
dishonorable discharge imposed by a Wyoming national guard
court-martial shall be executed until approved by the governor.
The governor may suspend or set aside part or all of any
sentence the governor deems appropriate.
(g) When prosecution has been by general court-martial,
after final judgment, sentencing and approval by the governor,
the defendant may appeal to the supreme court of Wyoming in the
same manner as appeals from district courts to the supreme court
of Wyoming in criminal cases.
(h) When prosecution has been by summary or special court-
martial, after final judgment, sentencing and approval by the
convening authority, the defendant may appeal to the district
court of the county in which the court-martial was held in the
same manner as appeals from circuit courts to the district
courts in criminal cases.
(j) When prosecution has been in the circuit courts, after
final judgment and sentencing, the defendant may appeal to the
district court in the same manner as in other criminal cases.
(k) If requested by the accused and authorized given the
charges and type of court-martial, a jury may be appointed. Any
jury appointed shall consist of current Wyoming national guard
members of either service. In the event the pool of eligible
court members for a Wyoming national guard court-martial under
this article is insufficient to properly impanel the court-
martial, active and reserve members of the United States armed
forces may be requested to so serve.