39A-5-223. Vote necessary for conviction or other questions -- Tie votes.
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Effective 5/4/2022
39A-5-223. Vote necessary for conviction or other questions -- Tie votes.
(1)The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.
(2)All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
(a)A tie vote on a challenge disqualifies the member challenged.
(b)A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.
(c)A tie vote on any other question is a determination in favor of the accused.
Renumbered and Amended by Chapter 373 , 2022 General Session