32.1052 Conviction and sentence; concurrence of 3/4 of members present required; determination of questions by majority vote or lesser vote; tie vote.
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32.1052 Conviction and sentence; concurrence of 3/4 of members present required; determination of questions by majority vote or lesser vote; tie vote.
Sec. 52.
(1)An individual must not be convicted of an offense in a general or special court-martial, except under any of the following circumstances:
(a)After a plea of guilty under section 45.
(b)By a military judge in a court-martial with a military judge alone under section 16.
(c)In a court-martial with members under section 16, by the concurrence of 3/4 of the members present at the time the vote is taken.
(2)Each sentence imposed by a court-martial must be determined by the concurrence of 3/4 of the members present at the time that the vote is taken.
(3)Any other question to be decided by the members of a general or special court-martial must be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77 , Imd. Eff. July 8, 2024