33-10-195. Appeal by the state.

167 words·~1 min read·/sd/title-33/chapter-33-10/33-10-195

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

In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, 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:

(1)An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

(2)An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;

(3)An order or ruling which directs the disclosure of classified information;

(4)An order or ruling which 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; or

(6)A refusal by the military judge to enforce an order described in subdivision

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