Home Table of Contents

§ 13A-909. Appellate counsel

West's Annotated Code of MarylandPublic SafetyEffective: April 11, 2023

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 9. Post-Trial Procedure and Review of Courts-Martial (Refs & Annos)
Effective: April 11, 2023
MD Code, Public Safety, § 13A-909
§ 13A-909. Appellate counsel
Appellate Government counsel to represent State in review or appeal of cases
(a)(1) The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in § 13A-908 of this subtitle and before any federal court when requested to do so by the State Attorney General.
(2) Appellate government counsel must be a member in good standing of the bar of the highest court of the state to which the appeal is taken.
Appeal by State; accused’s right to representation
(b) On an appeal by the State, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
Appeal by accused; accused’s right to representation
(c) On the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
Representation by judge advocate
(d) On the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this section.
Representation by civilian appellate counsel
(e) An accused may be represented by civilian appellate counsel at no expense to the State.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Public Safety, § 13A-909, MD PUBLIC SAFETY § 13A-909
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document