NRS 412.396 Voting; rulings; instructions; findings.

425 words·~2 min read·/nv/chapter-412-state-militia/412-396

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

1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398 , beginning with the junior in rank.

2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438 , inclusive. During the trial, the military judge may change the ruling at any time.

3. Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:

(a)That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;

(b)That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;

(c)That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and

(d)That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.

4. If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.