§ 12-64-714 - Appeal to Supreme Court or Court of Appeals.
               	 		
12-64-714.    Appeal to Supreme Court or Court of Appeals.
    (a)  When  an accused has exhausted all of his rights of review within the  organized militia, he may appeal the conviction and sentence of a  court-martial to the Supreme Court or, if Supreme Court Rules provide,  to the Court of Appeals.
(b)  The  proceedings for an appeal shall be initiated by filing a notice of  appeal with the State Adjutant General. The notice of appeal shall be  served on the State Adjutant General personally or by certified mail. It  shall be unnecessary to serve other parties. Any appeal shall be filed  with the State Adjutant General no more than thirty (30) days after the  effective date of the sentence under    12-64-604.
(c)  The  record of any court-martial conviction and sentence appealed shall be  lodged in the office of the clerk of the court within the time  prescribed by law or court rule for filing an appeal of a criminal  conviction in a circuit court in this state, and not thereafter, and  only after the party appealing has paid to the Adjutant General the  costs for preparation of the transcript and to the court clerk the  filing costs.
(d)  In all cases of  appeal to the Supreme Court or Court of Appeals, the appeal shall be  taken on the record in the case, consisting of pertinent documents and  papers, any transcript of evidence, and the findings and orders. The  appellate jurisdiction of the Supreme Court and Court of Appeals shall  extend only to questions of law, as in criminal cases appealed from the  circuit courts.
(e)  Upon request of  the defendant, the State Judge Advocate may appoint an attorney having  the qualifications prescribed in    12-64-410(c) to represent the  defendant in the appeal of his court-martial conviction and sentence to  the Supreme Court or Court of Appeals.
(f)  Indigent  defendants shall have the same right to appointed appellate defense  counsel as accused persons not in the military. On an appeal, the state  shall be represented by the Attorney General or his designee.