Section 62: Appeal by the state

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

Article 62. Appeal by the State.

(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration, the state may appeal:

(A)an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;

(B)an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;

(C)an order or ruling that directs the disclosure of classified information;

(D)an order or ruling that imposes sanctions for nondisclosure of classified information;

(E)a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or

(F)a refusal by the military judge to enforce an order described in clause

(E)that has previously been issued by appropriate authority.

(2)An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such 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 1 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(3)An appeal under this article shall be diligently prosecuted as provided by law.

(b)An appeal under this article shall be forwarded to the court prescribed in article 67A. In ruling on an appeal under this article, that court may act only with respect to matters of law.

(c)Any period of delay resulting from an appeal under this article 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 frivolous and without merit.