Sec. 27-207. Review by Governor or Judge Advocate.
Sec. 27-207. Review by Governor or Judge Advocate. (a) If the convening authority is the Governor, his action on the review of any record of trial is final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence
of a special court-martial as approved by the convening authority includes a bad-conduct
discharge, whether or not suspended, the entire record shall be sent to the appropriate
staff judge advocate or legal officer of the state force concerned to be reviewed in the
same manner as a record of trial by general court-martial. The record and the opinion
of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate
for review.
(c) All other special and summary court-martial records shall be sent to the law
specialist or legal officer of the appropriate force of the state military forces and shall
be acted upon, transmitted and disposed of as may be prescribed by regulation of the
Governor.
(d) The State Judge Advocate shall review the record of trial in each case sent to
him or her for review as provided under subsection (b) of this section. If the final action
of the court-martial has resulted in an acquittal of all charges and specifications, the
opinion of the State Judge Advocate is limited to questions of jurisdiction.
(e) The State Judge Advocate shall take final action in any case reviewable by him.
(f) In a case reviewable by the State Judge Advocate under this section, the State
Judge Advocate may act only with respect to the findings and sentence as approved by
the convening authority. He may affirm only such findings of guilty, and the sentence
or such part or amount of the sentence, as he finds correct in law and fact and determines,
on the basis of the entire record, should be approved. In considering the record, he
may weigh the evidence, judge the credibility of witnesses, and determine controverted
questions of fact, recognizing that the trial court saw and heard the witnesses. If the
State Judge Advocate sets aside the findings and sentence, he may, except where the
setting aside is based on lack of sufficient evidence in the record to support the findings,
order a rehearing. If he sets aside the findings and sentence and does not order a rehearing,
he shall order that the charges be dismissed.
(g) In a case reviewable by the State Judge Advocate under this section, he shall
instruct the convening authority to act in accordance with his decision on the review.
If he has ordered a rehearing but the convening authority finds a rehearing impracticable,
he may dismiss the charges.
(h) The State Judge Advocate may order one or more boards of review each composed of not less than three commissioned officers of the state military forces, each of
whom must be a member of the bar of the highest court of the state. Each board of review
shall review the record of any trial by special court-martial, including a sentence to bad-conduct discharge, referred to it by the State Judge Advocate. Boards of review have
the same authority on review as the State Judge Advocate has under this section.
(1967, P.A. 717, S. 67; P.A. 07-217, S. 128, 129.)
History: P.A. 07-217 made technical changes in Subsecs. (b) and (d), effective July 12, 2007.