§ 869. Review by State Judge Advocate
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 869
§ 869. Review by State Judge Advocate
ARTICLE 69. Review by State Judge Advocate.
B. Timing. To qualify for consideration, an application under subsection A of this section shall be submitted to the State Judge Advocate not later than one (1) year after the date of completion of review under Section 864 or 865 of this title (Article 64 or 65), as the case may be. The State Judge Advocate may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three (3) years after such completion date.
1. a. In a case reviewed under Section 864 or subsection B of Section 865 of this title (Article 64 or Article 65, subsection B), the State Judge Advocate may set aside the findings or sentence, in whole or in part, on the grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
2. In a case reviewed under subsection B of Section 865 of this title (Article 65, subsection B), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was invalid under the law. If the State Judge Advocate determines that the waiver or withdrawal of an appeal was invalid, the State Judge Advocate shall order appropriate corrective action under regulations promulgated by the Adjutant General.
(2) sixty (60) days after the date on which a copy of the decision of the State Judge Advocate is deposited in the United States mail for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his or her official service record.
Credits
Laws 2019, c. 408, § 85, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 869, OK ST T. 44 § 869
Current with emergency effective legislation through Chapter 319 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |