§ 864. Judge advocate review of finding of guilty in summary court-martial
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 864
§ 864. Judge advocate review of finding of guilty in summary court-martial
ARTICLE 64. Judge advocate review of finding of guilty in summary court-martial.
A. In general. Under regulations prescribed by the Adjutant General, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
3. If the opinion of the judge advocate in the judge advocate's review under subsection A of this section is that corrective action is required as a matter of law and if the person required to take action under subsection B does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the State Judge Advocate for review under Section 869 of this title (Article 69).
Credits
Laws 2019, c. 408, § 79, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 864, OK ST T. 44 § 864
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |