reglab/housing_qa huggingface dataset:
GA Code § 38-2-1052 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1052. Number of Votes Required for Conviction

  No person shall be convicted of an offense, except:   As provided in Code Section 38-2-1045;   By the vote of two-thirds of the members;   By a summary court-martial officer; or   If a court-martial is composed of a military judge only, by decision of the military judge.     If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted.     All questions other than the questions provided for under subsections (a) and (b) of this Code section to be decided by the members of a general or special court-martial shall be determined by a majority vote; provided, however, that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, shall 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 tie vote on a challenge shall disqualify the member challenged.   A tie vote on a motion relating to the question of the sanity of the accused shall be a determination against the accused.   A tie vote on a question other than the questions provided for under paragraphs (2) and (3) of this subsection shall be a determination in favor of the accused.       (Code 1981, §38-2-1052, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, §§ 177, 212.
GA Code § 38-2-1053 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1053. Prompt Announcement of Findings and Sentence

 A court-martial shall announce its findings and sentence to the parties as soon as determined.    (Code 1981, §38-2-1053, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1054 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1054. Trial Record; Contents; Authentication; Accused Entitled to Copy

  Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.     A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.   In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.     Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.   A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.     (Code 1981, §38-2-1054, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1055 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1055. Cruel and Unusual Punishments Prohibited

 Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.    (Code 1981, §38-2-1055, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Cruel and unusual punishment, U.S. Const., amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XIV.   Prohibition against whipping as punishment for crime, Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 855.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 214.
GA Code § 38-2-1056 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1056. Maximum Sentencing Limits

  The punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by this article, but in no instance shall a sentence exceed more than ten years nor shall a sentence of death be adjudged. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year shall be a felony offense. Except for convictions by a summary court-martial, all other convictions shall be misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction.   The limits of punishment for violations of this article prescribed in subsection (a) of this Code section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2015, if such manual contains the offense, and any regulations or manual for courts-martial adopted in this state pursuant to Code Section 38-2-1036, but in no instance shall any punishment exceed that authorized by this article.     (Code 1981, §38-2-1056, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.)
GA Code § 38-2-1057 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1057. Effective Date of Sentences

  Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture shall apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date.   Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.   All sentences of courts-martial, except as provided for by subsections (a) and (b) of this Code section, shall be effective on the date ordered executed.     (Code 1981, §38-2-1057, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, §§ 214, 216.
GA Code § 38-2-1057.1 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1057.1. Deferment of Sentence

  On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in that person's sole discretion, defer service of the sentence to confinement. Such deferment shall terminate when the sentence is ordered executed. Such deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.     In any case in which a court-martial sentences an accused as provided for in paragraph (2) of this subsection to confinement, the convening authority shall defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the organized militia by another state, the United States, or a foreign country referred to in that paragraph.   Paragraph (1) of this subsection shall apply to a person subject to this article who:   While in the custody of another state, the United States, or a foreign country is temporarily returned by such state, the United States, or a foreign country to the organized militia for trial by court-martial; and   After the court-martial, is returned to such state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.       In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under Code Section 38-2-1067 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.     (Code 1981, §38-2-1057.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1058 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1058. Execution of Confinement; Discipline While in Civil Jails; Hard Labor; Civil Confinement According to Law

  A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, shall be carried into execution by confinement in any place authorized by this article. Persons so confined shall be subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.   The omission of hard labor as a sentence authorized under this article shall not deprive a confinement facility from employing it, if it otherwise is within the authority of that facility to do so.   No place of confinement shall require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.     (Code 1981, §38-2-1058, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Conditions of detention of prison inmates generally, § 42-5-50 et seq.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 858.
GA Code § 38-2-1058.1 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1058.1. Reduction of Pay Grade

  A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge or confinement shall reduce that member to pay grade E-1, effective on the date of that approval.   If the sentence of an enlisted member who is reduced in pay grade under subsection (a) of this Code section is set aside or disapproved, or, as finally approved, does not include any punishment named in paragraphs (1) and (2) of subsection (a) of this Code section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including, but not limited to, pay and allowances.     (Code 1981, §38-2-1058.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1058.2 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 8 - Sentences|§ 38-2-1058.2. Forfeiture of Pay and Allowances

    A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.   A sentence covered by this subsection shall be any sentence that includes:   Confinement for more than six months; or   Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.       In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.   If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.     (Code 1981, §38-2-1058.2, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1059 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1059. Effect of Error of Law on Appeal; Material Prejudice; Lesser Included Offense

  A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.   Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.     (Code 1981, §38-2-1059, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 218.   ALR.   - Review by civil courts of court-martial convictions, 15 A.L.R.2d 387.   Review by federal civil courts of court-martial convictions - modern cases, 95 A.L.R. Fed. 472.
GA Code § 38-2-1061 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1061. Withdrawal of Appeal

  In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and shall be filed in accordance with appellate procedures as provided by law.   The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.     (Code 1981, §38-2-1061, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1062 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1062. State May Appeal Certain Rulings

    In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration:   An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;   An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;   An order or ruling which directs the disclosure of classified information;   An order or ruling which imposes sanctions for nondisclosure of classified information;   A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and   A refusal by the military judge to enforce an order described in subparagraph (E) of this paragraph that has previously been issued by appropriate authority.     An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.   An appeal under this Code section shall be diligently prosecuted as provided by law.     An appeal under this Code section shall be forwarded to the court prescribed in Code Section 38-2-1067. In ruling on an appeal under this Code section, such court may act only with respect to matters of law.   Any period of delay resulting from an appeal under this Code section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.     (Code 1981, §38-2-1062, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1063 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1063. Rehearings; Grounds; Members of Court; Effect on Sentence

 Each rehearing under this article shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.    (Code 1981, §38-2-1063, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1065 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1065. Disposition of Trial Records

 Except as otherwise required by this article, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.    (Code 1981, §38-2-1065, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1067 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1067. Court-Martial Review Panel; Members; Rules and Regulations

    There shall be the court-martial review panel which shall hear appeals of decisions of a court-martial.   The Governor shall appoint five persons to serve as judges on the court-martial review panel. Four such judges shall be retired commissioned officers of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof and a member in good standing of the State Bar of Georgia. One such judge shall be a member in good standing of the State Bar of Georgia and shall not be a member, former member, or retired member of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof.   The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the convening and administration of the court-martial review panel and the compensation provided to the judges of such panel.       An appeal to the court-martial review panel shall only be made after action on the sentence of a court-martial by the convening authority or by another person authorized to take such action as provided for in Code Section 38-2-1060 or after a decision of the convening authority to deny a petition for a new trial as provided for by Code Section 38-2-1073 or pursuant to Code Section 38-2-1062. Such appeals shall be made within 30 days after such action or decision.   The court-martial review panel shall dispose of each appeal within 90 days of such appeal made thereto. The court-martial review panel shall deliver its decision to the state judge advocate and, within three days, the state judge advocate shall serve a copy of such decision to the accused by statutory overnight delivery. The decision of the court-martial review panel shall be final for purposes of an appeal to the appellate courts of this state on the date that the state judge advocate mails the decision to the accused.     Any party to a proceeding before the court-martial review panel may secure a review of the final decision of the court-martial review panel by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.     (Code 1981, §38-2-1067, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1070 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 9 - Review of Courts-Martial|§ 38-2-1070. Appellate Government Counsel

  The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state.   Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.   Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority.   Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this Code section.   An accused may be represented by civilian appellate counsel at no expense to the state.     (Code 1981, §38-2-1070, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   ALR.   - Review by civil courts of court-martial convictions, 15 A.L.R.2d 387.   Review by federal civil courts of court-martial convictions - modern cases, 95 A.L.R. Fed. 472.