26-1064. Review by judge advocate

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Each case in which there has been a finding of guilty that is not reviewed under section 26-1067 shall be reviewed by a judge advocate under rules of the adjutant general. A judge advocate shall not review a case under this subsection if he has acted in the same case as an accuser, investigating 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:

1. Conclusions as to whether the court had jurisdiction over the accused and the offense, whether the charge and specification stated an offense and whether the sentence was within the limits prescribed as a matter of law.

2. A response to each allegation of error made in writing by the accused.

3. If the case is sent for action under subsection B of this section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

B. The record of trial and related documents in each case reviewed under subsection A of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened or to that person's successor in command if the judge advocate who reviews the case recommends corrective action, if the sentence approved includes a dismissal, a bad conduct or dishonorable discharge or confinement for more than four months or if such action is otherwise required by rules of the adjutant general.

C. The person to whom the record of trial and related documents are sent under subsection B of this section may:

1. Disapprove or approve the findings or sentence, in whole or in part.

2. Remit, commute or suspend the sentence in whole or in part.

3. Except if the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both.

4. Dismiss the charges.

D. If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.