reglab/housing_qa huggingface dataset:
CO Code § 28-3.1-303 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-303. Duties of Trial Counsel and Defense Counsel

  The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of proceedings.    The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by him or her, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under section 28-3.1-211. If the accused has counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the military judge.    In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of the matters he or she feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate.    An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by section 28-3.1-211, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.    An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by section 28-3.1-211, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.     History. Source: L. 83: Entire article added, p. 1175, § 1, effective June 10. L. 2002: (2) to (5) amended, p. 610, § 80, effective May 24.
CO Code § 28-3.1-304 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-304. Sessions

     At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:   Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;    Hearing and ruling upon any matter which may be ruled upon by the military judge, whether or not the matter is appropriate for later consideration or decision by the members of the court;    If permitted by the regulations of the governor, holding the arraignment and receiving the pleas of the accused; or    Performing any other procedural function which may be performed by the military judge pursuant to section 28-3.1-301 which does not require the presence of the members of the court.       These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.       Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any consultation of the court with counsel or the military judge, shall be made part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.    Trial counsel, in the name of the state of Colorado, may file an interlocutory appeal in the supreme court of the state of Colorado from a ruling of the military judge granting a motion made by the accused in advance of trial for the return of property, the suppression of evidence, or the suppression of an extrajudicial confession or admission if trial counsel certifies to the military judge who granted the motion that the interlocutory appeal is not taken for the purpose of delay and said property or evidence is a substantial part of the proof of a charge pending against the accused.     History. Source: L. 83: Entire article added, p. 1175, § 1, effective June 10. L. 87: (3) added, p. 1176, § 1, effective April 16.
CO Code § 28-3.1-305 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-305. Continuances

 The military judge or a court-martial without a military judge may for reasonable cause grant a continuance to any party for such time and as often as appears just.   History. Source: L. 83: Entire article added, p. 1176, § 1, effective June 10.
CO Code § 28-3.1-306 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-306. Challenges

  The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.    Both the accused and the trial counsel are entitled to one preemptory challenge, but the military judge may not be challenged except for cause.     History. Source: L. 83: Entire article added, p. 1176, § 1, effective June 10.
CO Code § 28-3.1-307 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-307. Oaths

  Interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.    Each witness before a military court shall be examined on oath or affirmation.     History. Source: L. 83: Entire article added, p. 1176, § 1, effective June 10.
CO Code § 28-3.1-308 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-308. Statute of Limitations

  A person charged with any offense under the code is not liable to be tried by court-martial or punished under section 28-3.1-114, if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 28-3.1-114.    Notwithstanding the provisions of subsection (1) of this section, a prosecution for larceny and wrongful appropriation under section 28-3.1-538, against one who obtained property lawfully and subsequently misappropriated it, may be commenced within one year after discovery of the loss, but in no case shall this extend the time limitation by more than five years.    Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy of any hostile force shall be excluded in computing the period of limitation prescribed in this section.    A person charged with desertion or absence without leave in time of national emergency or war, or with aiding the enemy, or with mutiny may be tried and punished at any time without limitation.    Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offenses punishable under section 28-3.1-535, 28-3.1-536, or 28-3.1-537 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specification.     History. Source: L. 83: Entire article added, p. 1176, § 1, effective June 10. L. 2002: (3) amended, p. 610, § 81, effective May 24.
CO Code § 28-3.1-309 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-309. Former Jeopardy

  No person may be tried a second time in any military court for the same offense.    No proceeding in which an accused has been found guilty by a court-martial upon any charges or specification is a trial for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.    A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.     History. Source: L. 83: Entire article added, p. 1177, § 1, effective June 10.
CO Code § 28-3.1-310 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-310. Pleas of the Accused

  If an accused, after arraignment, makes an irregular pleading or, after a plea of guilty, sets up matter inconsistent with the plea, or if it appears that an accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if an accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty.    With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by the regulations of the governor, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.     History. Source: L. 83: Entire article added, p. 1177, § 1, effective June 10. L. 2002: (1) amended, p. 611, § 82, effective May 24.
CO Code § 28-3.1-311 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-311. Opportunity to Obtain Witnesses and Other Evidence

  The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations the governor prescribes.    The military judge of a court-martial or a summary court-martial may:   Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;    Issue subpoenas duces tecum and other subpoenas;    Enforce the attendance of witnesses and the production of books and papers.        History. Source: L. 83: Entire article added, p. 1177, § 1, effective June 10.
CO Code § 28-3.1-312 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-312. Refusal to Appear or Testify

  [ ] Any person not subject to this code who has been subpoenaed to appear as a witness or to produce books and records before a military court or before a military or civil officer designated to take a deposition to be read in evidence before such a court and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify, or refuses to produce any evidence commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.    Upon the certification of the facts in subsection (1) of this section by the military court or tribunal to the district attorney of the county where the offense occurred, the district attorney shall prosecute the accused in any court of record, and jurisdiction is hereby conferred upon such courts for this purpose.    Editor's note: This version of subsection (1) is effective until March 1, 2022.  (1) [ ] Any person not subject to this code who has been subpoenaed to appear as a witness or to produce books and records before a military court or before a military or civil officer designated to take a deposition to be read in evidence before such a court and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify, or refuses to produce any evidence commits a petty offense and shall be punished as provided in section 18-1.3-503 .  Editor's note: This version of subsection (1) is effective March 1, 2022.  History. Source: L. 83: Entire article added, p. 1177, § 1, effective June 10. L. 2002: (1) amended, p. 1541, § 283, effective October 1. L. 2021: (1) amended,(SB 21-271), ch. 462, p. 3245, § 493, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   Cross references:   For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 28-3.1-313 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-313. Contempt

 A military court may punish for contempt any person who willfully and unlawfully refuses to be sworn as a witness, or who refuses to answer any legal or proper question, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by a riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.   History. Source: L. 83: Entire article added, p. 1178, § 1, effective June 10.
CO Code § 28-3.1-314 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-314. Depositions

  At any time after charges have been signed as provided in section 28-3.1-214, any party may take oral or written depositions, unless an authority competent to convene a court-martial for the trial of those charges forbids such depositions for good cause. If a deposition is to be taken before charges are referred for trial, such authority shall designate lawyers to represent the prosecution and the defense.    The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.    Depositions shall be taken and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.    An authenticated deposition taken upon reasonable notice to the other parties, if otherwise admissible under the rules of evidence, may be used in evidence before any court-martial or in any proceeding before a court of inquiry.     History. Source: L. 83: Entire article added, p. 1178, § 1, effective June 10.
CO Code § 28-3.1-315 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-315. Admissibility of Records of Courts of Inquiry

 Records of courts of inquiry are not admissible as evidence in any court-martial.   History. Source: L. 83: Entire article added, p. 1178, § 1, effective June 10.
CO Code § 28-3.1-316 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-316. Voting and Rulings

  Voting by members of a general or special court-martial on questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior member in rank of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.    The military judge of a general or special court-martial shall rule upon interlocutory questions, other than a challenge, arising during the proceedings. Any ruling made by the military judge upon any interlocutory question, other than a motion for a finding of not guilty or the question of the accused's sanity, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial; except that he or she may not change a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 28-3.1-317, beginning with the junior member in rank.    Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:   That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;    That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;    That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and    That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.       The provisions of subsections (1), (2), and (3) of this section shall not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum decision is filed, it shall be sufficient if the findings of fact appear therein.     History. Source: L. 83: Entire article added, p. 1178, § 1, effective June 10. L. 2002: (2), (3)(a), and (3)(b) amended, p. 611, § 83, effective May 24.
CO Code § 28-3.1-317 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-317. Number of Votes Required

  No person may be convicted of an offense except by the unanimous concurrence of the members present at the time the vote is taken.    All sentences shall be determined by the vote of two-thirds of the members present at the time the vote is taken.    All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. 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. A tie vote on any other question is a determination in favor of the accused.     History. Source: L. 83: Entire article added, p. 1179, § 1, effective June 10.
CO Code § 28-3.1-318 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-318. Court to Announce Action

 A court-martial shall announce its findings and sentence to the parties as soon as determined.   History. Source: L. 83: Entire article added, p. 1179, § 1, effective June 10.
CO Code § 28-3.1-319 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-319. Record of Trial

 General and special courts-martial shall keep a verbatim record of the trial of each case. Upon a request of the accused, a reviewing authority, or the state judge advocate general, the record shall be transcribed and authenticated by the president or the military judge. If the record cannot be authenticated by either the president or the military judge by reason of his or her death, disability, or absence, it shall be authenticated by two members of the court. In all other courts-martial, records of trial shall contain such matter and be authenticated in such manner as the governor prescribes by regulation.   History. Source: L. 83: Entire article added, p. 1179, § 1, effective June 10. L. 2002: Entire section amended, p. 611, § 84, effective May 24.
CO Code § 28-3.1-401 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-401. Cruel and Unusual Punishments Prohibited

 Cruel and unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.   History. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.
CO Code § 28-3.1-402 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-402. Maximum Limits

 The punishment which a court-martial may direct for an offense shall not exceed limits prescribed by this code.   History. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.
CO Code § 28-3.1-402.5 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-402.5. Classification of Offenses

 A conviction by general court-martial of any military offense for which an accused received a sentence greater than one year of confinement or a conviction by a general court-martial of any offense that, at the time the offense was committed, carries a maximum term of confinement of three years or greater as set forth under 10 U.S.C. sec. 877 to 10 U.S.C. sec. 934, as amended, or pursuant to an executive order, is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a special court-martial is a misdemeanor. Any conviction by a summary court-martial is not a criminal conviction.   History. Source: L. 2018: Entire section added, (SB 18-135), ch. 95, p. 747, § 15, effective April 2.