reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5924.61 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.61 | Appeal by Accused.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) An accused may appeal a finding of guilty or the sentence of a court-martial to the court of military appeals. The court shall hear an appeal if the convening authority or other authorized person approved a sentence of dismissal of a commissioned officer, dishonorable or bad conduct discharge, or confinement for one year or more and if the appeal was timely filed. The court may hear any other appeals that the court, in its sole discretion, allows. (B) An accused who is found guilty may appeal under this section by filing a notice of appeal with the convening authority that ordered the court-martial within thirty calendar days after the convening authority serves a copy of the approved findings and sentence on the trial attorney of record for the accused or, if the accused waived the right to counsel, on the accused in accordance with regulations prescribed by the adjutant general. The notice of appeal shall state the name of the party taking the appeal, the findings, sentence, or parts of the findings or sentence appealed from, and the grounds for the appeal. Failure to file a notice of appeal in a timely manner constitutes a waiver of the right to appeal.(C) Upon receiving a notice of appeal, the convening authority shall serve a copy of the notice on the trial counsel and on the trial attorney of record for any codefendant or, if a codefendant waived the right to counsel, on the codefendant in accordance with regulations prescribed by the adjutant general. The convening authority shall note on each copy served the date on which the notice of appeal was filed. Failure of the convening authority to serve a copy of the notice of appeal does not affect the validity of the appeal. Service in accordance with division (C) of this section is sufficient notwithstanding the death of a party or a party's counsel. The convening authority shall note on its docket the names of the parties served, the dates on which they were served, and the method of service.(D) An accused may waive appellate review by filing with the convening authority, within ten days after the action under section 5924.60 of the Revised Code is served on the accused or on defense counsel, a written waiver signed by the accused and by defense counsel. The convening authority or other person taking such action, for good cause, may extend the period for filing by not more than thirty days.(E) An accused may voluntarily withdraw an appeal at any time by filing a notice of withdrawal with the convening authority.(F) A waiver of the right to appellate review or the withdrawal of an appeal bars any further review under this section or section 5924.69 of the Revised Code.
Ohio Rev Code § 5924.62 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.62 | Appeal by State.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the state may appeal any of the following, except an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification: (1) An order or ruling that terminates the proceedings with respect to a charge or specification;(2) An order or ruling that excludes evidence that is of substantial consequence to the determination of the material issues in the proceeding;(3) An order or ruling that directs the disclosure of classified information;(4) An order or ruling that imposes sanctions for nondisclosure of classified information;(5) A refusal by the military judge to issue a protective order sought by the state to prevent the disclosure of classified information;(6) A refusal by the military judge to enforce a protective order that has previously been issued by appropriate authority to prevent the disclosure of classified information.(B) The state may not appeal an order or ruling unless within seventy-two hours after the military judge serves the order or ruling the trial counsel files with the military judge a written notice of appeal from the order or ruling. The 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 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.(C) Appellate government counsel shall diligently prosecute an appeal under this section to the court of military appeals created by section 5924.66 of the Revised Code.(D) Any period of delay resulting from an appeal under this 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.
Ohio Rev Code § 5924.63 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.63 | Rehearings.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|Each rehearing ordered pursuant to section 5924.60 of the Revised Code or by the court of military appeals shall take place before a court-martial composed of members who were not members of the court-martial that 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 the accused's 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 the punishment lawfully adjudged at the first court-martial.
Ohio Rev Code § 5924.64 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.64 | Review of Cases in Which No Appeal Taken.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) A judge advocate shall review pursuant to regulations prescribed by the adjutant general each case in which there has been a finding of guilty and in which no appeal is taken. A judge advocate may not review a case under this section if the judge advocate has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. For each case reviewed under this section, the judge advocate shall issue written findings and recommendations that contain all of the following: (1) Conclusions as to whether the court had jurisdiction over the accused and the offense;(2) Conclusions as to whether the charge and specification stated an offense;(3) Conclusions as to whether the sentence was within the limits prescribed by law;(4) A response to each allegation of error made in writing by the accused;(5) If the case is sent for action under division (B) of this section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.(B) The record of trial and related documents in each case reviewed under division (A) of this section shall be sent for further action under division (C) of this section to the person exercising general court-martial jurisdiction over the accused at the time the court was convened or that person's successor in command if any of the following applies:(1) The judge advocate who reviewed the case recommends corrective action.(2) The sentence approved under division (C) of section 5924.60 of the Revised Code includes dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months.(3) Regulations prescribed by the adjutant general require further review.(C) The person to whom the record of trial and related documents are sent under division (B) of this section may do any of the following:(1) Approve or disapprove the findings or sentence in whole or in part;(2) Remit, commute, or suspend the sentence in whole or in part;(3) Order a rehearing on the findings, the sentence, or both;(4) Dismiss the charges.(D) If a rehearing is ordered but the convening authority finds that a rehearing is impracticable, the convening authority shall dismiss the charges.(E) If the opinion of the judge advocate who reviews a case under division (A) of this section finds that corrective action is required as a matter of law and the person required to take action under division (B) of this section does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the convening authority shall transmit the record of trial and action on that record to the state judge advocate for review.(F) The judge advocate who under this section reviews a case conducted by a general court-martial shall be the state judge advocate.
Ohio Rev Code § 5924.65 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.65 | Transmission of Record.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|If an accused files a notice of appeal, the convening authority shall transmit the record of trial and post-trial proceedings in the case to the state judge advocate for appropriate action. If the accused does not file a notice of appeal or files a notice of appeal and withdraws the appeal, then following completion of all post-trial review, the record of trial and related documents shall be transmitted and disposed of as the adjutant general may prescribe by regulation.
Ohio Rev Code § 5924.66 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.66 | Court of Military Appeals.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) There is hereby created the court of military appeals. The court is a court of record and has exclusive jurisdiction of all appeals from courts-martial convened pursuant to this code. The court shall sit in Franklin county. All hearings conducted by the court shall be public. (B) The judges of the court of military appeals shall be military appellate judges appointed by the adjutant general. Each judge shall be a retired judge advocate officer who has previously served in the rank of colonel or above in either the Ohio army national guard or the Ohio air national guard. The judges shall sit in panels of not less than three members.(C) The adjutant general may make rules governing practice and procedure in the court of military appeals. The Rules of Appellate Procedure apply in proceedings in the court to the extent that they are not inconsistent with this code or with rules made by the adjutant general under this division.
Ohio Rev Code § 5924.67 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.67 | Compensation for Judges.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|A judge of the court of military appeals shall receive as compensation for each day of attendance on the business of the court an amount equal to the annual compensation of a judge of a court of appeals divided by the number of days in the calendar year. A judge who resides more than fifty miles from the location of the court also shall be reimbursed for the judge's actual and necessary expenses of traveling to and from the court to attend the business of the court.
Ohio Rev Code § 5924.68 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.68 | Power of Subpoena.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|The court of military appeals may subpoena witnesses, require the production of evidence, and punish for contempt in the same manner and to the same extent as a common pleas court.
Ohio Rev Code § 5924.69 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.69 | Appeals to the Supreme Court.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|Appeals from orders and judgments of the court of military appeals may be taken to the supreme court in the same manner and to the same extent as criminal appeals from orders and judgments of a court of appeals.
Ohio Rev Code § 5924.70 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.70 | Appellate Counsel.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) The state judge advocate shall detail one or more judge advocates as appellate government counsel and one or more judge advocates assigned to the United States army trial defense service or the United States air force area defense counsel as appellate defense counsel. Appellate counsel shall be members in good standing of the bar of this state and certified by the state judge advocate to be competent to act as appellate counsel. (B) Appellate government counsel shall represent the state in the court of military appeals. In a case arising under this code that is heard in the supreme court, appellate government counsel shall represent the state in the supreme court unless the attorney general elects to represent the state.(C) Appellate defense counsel shall represent the accused in the court of military appeals and the supreme court unless the accused elects to be represented by civilian counsel at the accused's own expense.(D) Appellate government and defense counsel shall perform any additional functions in connection with post-trial proceedings in court-martial cases that the state judge advocate directs.
Ohio Rev Code § 5924.71 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.71 | Sentence of Dismissal or Discharge.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) If the sentence of a court-martial of a commissioned officer or cadet includes dismissal, that part of the sentence providing for dismissal may not be executed until it is approved by the adjutant general. The adjutant general may commute, remit, or suspend the sentence or any part of the sentence as the adjutant general sees fit. In time of war or national emergency, the adjutant general may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and for six months after the end of the war or emergency. (B)(1) If the sentence of a court-martial includes dismissal or dishonorable or bad-conduct discharge and the accused appeals to the court of military appeals, the dismissal or discharge part of the sentence may not be executed until the appellate process has been completed and, in case of dismissal, approval of the sentence by the adjutant general. The appellate process is completed when any of the following occurs:(a) The accused withdraws the appeal.(b) The court of military appeals renders a decision, and the time for filing a notice of appeal to the supreme court elapses without the accused having filed a notice of appeal.(c) The supreme court issues an order dismissing the appeal or entering judgment on the leave to appeal.(2) If the sentence of a court-martial includes dismissal or dishonorable or bad-conduct discharge and the accused fails to appeal to the court of military appeals, waives appellate review, or withdraws an appeal, the dismissal or discharge part of the sentence may not be executed until a judge advocate has reviewed the case and the convening authority has completed action in the review pursuant to section 5924.64 of the Revised Code. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 5924.60 of the Revised Code.(C) The convening authority or other person taking action on a court-martial case under section 5924.60 of the Revised Code may suspend at any time the execution of any sentence or part of a sentence.
Ohio Rev Code § 5924.72 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.72 | Vacation of Suspension of Sentence.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) An officer having special court-martial jurisdiction over a person whose sentence has been suspended may recommend vacation of the suspension of an approved sentence or part of a sentence that was imposed by a special court-martial and includes a bad-conduct discharge or that was imposed by a general court-martial. (B) Before vacating the suspension of a sentence or part of a sentence under division (A) of this section, an officer having special court-martial jurisdiction over a person whose sentence has been suspended shall hold a hearing on the alleged violation of the terms of suspension. The person has the right to be represented at the hearing by counsel.(C) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the person whose sentence has been suspended. If that officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed, subject to applicable restrictions set forth in section 5924.71 of the Revised Code. A vacation of the suspension of a dismissal is not effective until it is approved by the adjutant general.(D) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Ohio Rev Code § 5924.73 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.73 | Petition for New Trial.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the ground of newly discovered evidence or fraud on the court. The adjutant general shall act upon the petition unless the case is pending before the court of military appeals or the supreme court, in which case the adjutant general shall refer the petition to the court in which the appeal is pending.
Ohio Rev Code § 5924.74 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.74 | Remission and Suspension by Adjutant General, State Judge Advocate, or Convening Authority.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) The adjutant general, the state judge advocate when authorized by the adjutant general, or a convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other than a sentence approved by the governor or a superior convening authority. (B) The adjutant general may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Ohio Rev Code § 5924.75 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.75 | Effect of Disapproval of Sentence; Reappointment of Officers; Leave Pending Actions.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Under any regulations that the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part of the sentence is included in a sentence imposed upon the new trial or rehearing. (B) If a previously executed sentence of dishonorable or bad conduct discharge is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment. (C) If a previously executed sentence of dismissal is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the adjutant general alone to such commissioned grade and with such rank as in the opinion of the adjutant general that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer shall be made without regard to the existence of a vacancy and shall affect the promotion status of other officers only to the extent directed by the adjutant general. All time between the dismissal and the reappointment shall be considered as service for all purposes including the right to pay and allowances.(D) Pursuant to regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this code if the sentence, as approved under section 5924.60 of the Revised Code, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin leave on the date on which the sentence is approved or at any time after that date. Leave may be continued until the date on which action is completed or may be terminated at any earlier time.
Ohio Rev Code § 5924.76 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.76 | Finality of Proceedings.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|The appellate review of records of trial pursuant to this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed pursuant to this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation pursuant to this code are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in section 5924.73 of the Revised Code and to action by the adjutant general under section 5924.74 of the Revised Code.