Mich. Comp. Laws § 32.1065 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1065
Finality of action on review of trial record; authority of governor or state staff judge advocate in reviewable cases; instructing convening authority to take action pursuant to state staff judge advocate's decision or review; dismissal of charges upon finding rehearing impracticable; boards of review; composition; authority and powers; effect of error of law on finding or sentence; approving or affirming so much of finding of guilty which includes lesser included offense.
Status: in_force

Sec. 65.

(1) If the convening authority is the governor, the action on the review of a record of trial is final.

(2) If the convening authority is not the governor, all of the following apply:

(a) If the convening authority has taken final action in a general court-martial case, the convening authority shall forward the entire record including the action on the case and the opinion of the staff judge advocate or judge advocate to the state staff judge advocate for review.

(b) If the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the record must be forwarded to the officer exercising general court-martial jurisdiction over the command, to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad conduct discharge, whether or not suspended, the entire record, including the officer's action on the sentence and the opinion of the staff judge advocate, must be forwarded to the state staff judge advocate for review.

(c) All other special and summary courts-martial records must be forwarded to a judge advocate and must be acted on, transmitted, and disposed of as prescribed by rules promulgated under section 147.

(3) The state staff judge advocate shall review the record of trial in each case forwarded for review as provided in this section. If the sentence as approved affects a general officer or extends to the dismissal of an officer, the state staff judge advocate shall submit a written opinion on the sentence to the governor. If the final action of the court-martial in a case forwarded to the state staff judge advocate results in an acquittal of the charges and specifications, the opinion of the state staff judge advocate is limited to questions of jurisdiction.

(4) In each case reviewable by the state staff judge advocate that does not affect a general officer or extend to the dismissal of an officer, the state staff judge advocate shall take final action.

(5) In a case reviewable by the governor in which the governor is not the convening authority and in a case reviewable by the state staff judge advocate, the governor or the state judge staff advocate has the authority to do any of the following:

(a) Act only with respect to the findings and sentence as approved by the convening authority.

(b) Affirm only those findings of guilty, and the sentence or that part or amount of the sentence as the governor or the state staff judge advocate finds correct in law and fact and determines on the basis of the entire record should be approved.

(c) Weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(d) Order a rehearing if the governor or the state staff judge advocate sets aside the findings and sentence, except if the setting aside is based on lack of sufficient evidence to support the findings.

(e) Order that the charges be dismissed if the governor or the state staff judge advocate sets aside the findings and sentence and does not order a rehearing.

(6) Unless the governor is to take further action, the state staff judge advocate shall instruct the convening authority to take action pursuant to the state staff judge advocate's decision on a review. If a rehearing has been ordered, but the convening authority finds a rehearing impracticable, the state staff judge advocate may dismiss the charges.

(7) The state staff judge advocate may constitute 1 or more boards of review, each composed of not fewer than 3 officers of the organized militia or retired list, that shall review the record of a trial by court-martial referred to it by the state staff judge advocate. Each officer appointed to a board of review must be a member of the bar of this state. A board of review has the same authority and powers on the review of a record that the state staff judge advocate has under this section.

(8) A finding or sentence of a court-martial must not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(9) A reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding that includes a lesser included offense.

History: 1980, Act 523, Eff. Mar. 31, 1981; Am. 2024, Act 77, Imd. Eff. July 8, 2024