reglab/housing_qa huggingface dataset:
GA Code § 38-2-1039 (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|§ 38-2-1039. Calling Court Into Session Without Presence of Members; Purpose

  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 shall, subject to Code Section 38-2-1035, call the court into session without the presence of the members for the purpose of:   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 under this article, whether or not the matter is appropriate for later consideration or decision by the members of the court;   Holding the arraignment and receiving the pleas of the accused; and   Performing any other procedural function which does not require the presence of the members of the court under this article.     The proceedings as provided for by subsection (a) of this Code section shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. Such proceedings shall be conducted notwithstanding the number of court members and without regard to Code Section 38-2-1029.   When the members of a court-martial deliberate or vote, only the members shall be present. All other proceedings, including, but not limited to, any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.     (Code 1981, §38-2-1039, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.
GA Code § 38-2-1040 (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|§ 38-2-1040. Granting Continuance

 The military judge of a court-martial or a summary court-martial officer may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.    (Code 1981, §38-2-1040, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.   ALR.    - Effect of war on litigation pending at the time of its outbreak, 137 A.L.R. 1335; 147 A.L.R. 1298; 148 A.L.R. 1384; 149 A.L.R. 1451; 149 A.L.R. 1452; 150 A.L.R. 1417; 150 A.L.R. 1418; 151 A.L.R. 1453; 152 A.L.R. 1450; 154 A.L.R. 1447.
GA Code § 38-2-1041 (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|§ 38-2-1041. Challenges for Cause; Order of Presentation; Peremptory 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 military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall 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.   If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 38-2-1016, all parties shall, notwithstanding Code Section 38-2-1029, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time.       Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause.   If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 38-2-1016, the parties shall, notwithstanding Code Section 38-2-1029, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.   Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.       (Code 1981, §38-2-1041, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Law reviews.   - For note, "Toward an Integrated Rule Prohibiting All Race-Based Peremptory Challenges: Some Considerations on Georgia v. McCollum," see 26 Ga. L. Rev. 503 (1992).   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.
GA Code § 38-2-1042 (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|§ 38-2-1042. Oaths

  Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation to perform their duties faithfully. The form of such oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which such duties are to be performed or for a particular case, shall be as prescribed in regulations issued pursuant to Part 1 of Article 2 of this chapter or as provided by law. Such regulations shall provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.   Each witness before a court-martial shall be examined under oath or affirmation.     (Code 1981, §38-2-1042, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military, and Civil Defense, § 202.
GA Code § 38-2-1043 (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|§ 38-2-1043. Statute of Limitations

  A person charged with desertion or absence without leave in time of armed conflict or war, whether or not declared, or with aiding the enemy or with mutiny shall be tried and punished at any time without limitation.   Except as otherwise provided in this article, a person charged with any offense shall not be liable to be tried by court-martial or punished under Code Section 38-2-1015 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Code Section 38-2-1015.   Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this Code section.   Periods in which the accused was absent from territory in which this state has the authority to take the accused into custody, or in which such accused is in the custody of civil authorities or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this Code section.     If charges or specifications are dismissed as defective or insufficient for any cause and the period of limitation prescribed by this Code section has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications shall not be barred by the period of limitation prescribed by this Code section if the conditions specified in paragraph (2) of this subsection are met.   The conditions provided for by paragraph (1) of this subsection shall be that the new charges and specifications shall:   Be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and   Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.         (Code 1981, §38-2-1043, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Limitations on criminal prosecutions generally, T. 17, C. 3.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 843.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 211.   ALR.    - Burden on state to show that crime was committed within limitation period, 13 A.L.R. 1446.
GA Code § 38-2-1044 (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|§ 38-2-1044. Double Jeopardy

  No person shall, without his or her consent, be tried a second time for the same offense.   No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code 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 shall be a trial in the sense of this Code section.     (Code 1981, §38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Rights of accused in criminal proceedings, U.S. Const., amend. 5 and 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. § 844.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, §§ 206, 207.
GA Code § 38-2-1045 (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|§ 38-2-1045. Pleas of 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 the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused 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 be entered immediately without vote. Such finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.     (Code 1981, §38-2-1045, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1046 (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|§ 38-2-1046. Opportunity to Obtain Witnesses and Other Evidence

 The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.    (Code 1981, §38-2-1046, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 210.
GA Code § 38-2-1046.1 (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|§ 38-2-1046.1. Issuance of Process and Mandates; Who May Issue; Execution

  Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in the courts. The courts shall have power to issue subpoenas for the attendance of witnesses and subpoenas for the production of documentary evidence and to enforce by attachment attendance of witnesses and production of books, records, and other documentary evidence.   Such process and mandates may be issued by military judges, summary courts-martial, provost courts, the president of other military courts, and boards of officers; may be directed to and may be executed by any sheriff, the marshals of the military court, or any peace officer; and shall be in such form as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.   It shall be the duty of all officers to whom process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. Except as otherwise specifically provided in this article, no such officer shall demand or require payment of any fee or charge of any nature for receiving, executing, or returning any process or mandate or for any services in connection therewith.     (Code 1981, §38-2-1046.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1047 (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|§ 38-2-1047. Refusal to Appear or Testify; Penalty

  Any person not subject to this article who:   Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court;   Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and   Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce  shall be punished by the military court in the same manner as a criminal court of this state.      The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.     (Code 1981, §38-2-1047, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 210.
GA Code § 38-2-1048 (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|§ 38-2-1048. Contempt; Penalty

  A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.   A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.   A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.     (Code 1981, §38-2-1048, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 210.
GA Code § 38-2-1049 (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|§ 38-2-1049. Depositions

  At any time after charges have been signed as provided for in Code Section 38-2-1030, the military judge or summary court-martial officer, with approval of the state judge advocate, may allow a party to take oral or written depositions for good cause.   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, and such party may attend and participate in the deposition.   Depositions shall be taken before and authenticated by any military or civil officer authorized by the laws of this state or by the laws of the place where the deposition is taken to administer oaths.   A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears that:   The witness resides or is beyond another state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing;   The witness, by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or   The present whereabouts of the witness are unknown.       (Code 1981, §38-2-1049, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.
GA Code § 38-2-1050 (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|§ 38-2-1050. Admissibility of Records of Courts of Inquiry

  In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.   In any case extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence only by the defense.   Such testimony as provided for in subsections (a) and (b) of this Code section may be read in evidence before a court of inquiry in like manner as provided for in subsections (a) and (b) of this Code section.     (Code 1981, §38-2-1050, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 210.
GA Code § 38-2-1050.1 (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|§ 38-2-1050.1. Defense of Mental Disease or Defect

  It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.   The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.   Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131.     (Code 1981, §38-2-1050.1, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1051 (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|§ 38-2-1051. Voting, Rulings, and Charge

  Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member 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 shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused shall be final and shall constitute the ruling of the court; provided, however, that the military judge may change the ruling at any time during the trial. 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 Code Section 38-2-1052, beginning with the member junior in rank.   Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:   The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond a reasonable doubt;   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 the accused must be acquitted;   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   The burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state.     Subsections (a), (b), and (c) of this Code 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 of decision is filed, it shall be sufficient if the findings of fact appear therein.     (Code 1981, §38-2-1051, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.