[§124B-107] Appeal by the State.
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[§124B-107] Appeal by the State.
(a)In a trial by general or special court-martial or in a pretrial proceeding under section 124B-52, the State may appeal the following:
(1)An order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(2)An order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(3)An order or ruling that directs the disclosure of classified information;
(4)An order or ruling that imposes sanctions for nondisclosure of classified information;
(5)A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information;
(6)A refusal by the military judge to enforce an order described in paragraph
(5)that has previously been issued by appropriate authority; or
(7)An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.
(b)An appeal of an order or ruling shall not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours of the order or ruling. The notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(c)An appeal of an order or ruling shall not be taken when prohibited by section 124B-69.
(d)An appeal under this section shall be diligently prosecuted by appellate government counsel.
(e)An appeal under this section shall be forwarded to the court as prescribed in section 124B-111.
(f)Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
(g)The State may appeal a ruling or order of a military magistrate in the same manner as if the ruling or order had been made by a military judge; provided that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue.
(h)This section shall be liberally construed to effectuate its purposes. [L 2022, c 286, pt of §2]