35.205 Challenges.
267 words·~1 min read·
/ky/chapter-35/35-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The military judge and members of a general or special court-martial may be
challenged by the accused or the trial counsel for cause stated to the court. The
military judge or the court shall determine the relevancy and validity of
challenges for cause, and may not receive a challenge to more than one
person at a time. Challenges by the trial counsel shall ordinarily be presented
and decided before those by the accused are offered.
(b)If the exercise of a challenge for cause reduces the court below the minimum
number of members required by KRS 35.075, all parties shall,
notwithstanding KRS 35.145, either exercise or waive any challenge for cause
then apparent against the remaining members of the court before additional
members are detailed by the court. However, peremptory challenges shall not
be exercised at that time.
(a)Each accused and trial counsel is entitled to one
(1)peremptory challenge of
members of the court. The military judge may not be challenged except for
cause.
(b)If the exercise of a peremptory challenge reduces the court below the
minimum number of members required by KRS 35.075, the parties shall,
notwithstanding KRS 35.145, either exercise or waive any remaining
peremptory challenge not previously waived against the remaining members
of the court before additional members are detailed to the court.
(c)Whenever additional members are detailed to the court, and after any
challenges for cause against such additional members are presented and
decided, each accused and the trial counsel are entitled to one
(1)peremptory
challenge against members not previously subject to peremptory challenge.