reglab/housing_qa huggingface dataset:
NE Code § 55-425 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-425 - Court-martial; absent members; new members; disability of military judge; effect.

55-425.  Court-martial; absent members; new members; disability of military judge; effect.(1) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause.(2) Whenever a court-martial other than a court-martial composed of a military judge only is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.(3) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 55-426, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.Source  Laws 1969, c. 458, § 25, p. 1565.
NE Code § 55-426 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-426 - Court-martial; pretrial; trial; procedures applicable.

55-426.  Court-martial; pretrial; trial; procedures applicable.The pretrial and trial procedures before a court-martial shall be in accordance with the procedures set forth in the Uniform Code of Military Justice of the United States, 10 U.S.C. chapter 47, for courts-martial as the same may be from time to time amended and according to regulations prescribed by the President of the United States as contemplated by such code except as to matters which are specifically covered in the Nebraska Code of Military Justice.Source   Laws 1969, c. 458, § 26, p. 1566;   Laws 1993, LB 170, § 7.
NE Code § 55-427 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-427 - Statute of limitations.

55-427.  Statute of limitations.A person charged with any offense is not liable to be tried by court-martial or punished under section 55-416 or 55-481 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction as set forth in the code.Source   Laws 1969, c. 458, § 27, p. 1566;  Laws 2016, LB754, § 13.
NE Code § 55-428 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-428 - Witness; failure to appear; procedure.

55-428.  Witness; failure to appear; procedure.(1) Any person not subject to the code who:(a) Has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;(b) Has been duly paid or tendered the fees of a witness at the rates allowed to witnesses attending the district courts of the State of Nebraska and mileage at the rate provided in section 81-1176 for state employees; and(c) 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, is guilty of a Class II misdemeanor.(2) The Attorney General of Nebraska, upon the certification of the facts to him or her by the military court, commission, or board shall file an information against and prosecute any person violating this section.(3) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.Source   Laws 1969, c. 458, § 28, p. 1566;   Laws 1977, LB 39, § 55;   Laws 1981, LB 204, § 97;  Laws 2016, LB754, § 14.
NE Code § 55-429 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-429 - Cruel and unusual punishment, prohibited.

55-429.  Cruel and unusual punishment, prohibited.Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.Source  Laws 1969, c. 458, § 29, p. 1567.
NE Code § 55-430 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-430 - Punishment; limitation.

55-430.  Punishment; limitation.The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor may prescribe for that offense.Source  Laws 1969, c. 458, § 30, p. 1567.
NE Code § 55-431 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-431 - Sentences; effective date.

55-431.  Sentences; effective date.(1) 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 or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.(2) Any period of confinement included in a sentence of a court-martial begins 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.(3) All other sentences of courts-martial are effective on the date ordered executed.(4) 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 his jurisdiction, the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising court-martial jurisdiction over the command to which the accused is currently assigned.Source  Laws 1969, c. 458, § 31, p. 1567.
NE Code § 55-432 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-432 - Confinement; execution.

55-432.  Confinement; execution.Under such instructions as the Governor may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement as provided in section 55-413. Persons so confined in a penal or correctional institution not under the control of one of the military forces are subject to the same discipline and treatment as persons confined or committed by the courts of the State of Nebraska.Source  Laws 1969, c. 458, § 32, p. 1568.
NE Code § 55-433 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-433 - Sentences; reduction in grade.

55-433.  Sentences; reduction in grade.(1) Unless otherwise provided in regulations to be prescribed by the Governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:(a) A dishonorable or bad conduct discharge;(b) Confinement; or(c) Hard labor without confinement, reduces that member to pay grade E-1, effective on the date of that approval.(2) If the sentence of a member who is reduced in pay grade under subdivision (a) of subsection (1) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (1) of this section, the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.Source  Laws 1969, c. 458, § 33, p. 1568.
NE Code § 55-434 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-434 - Court-martial; error of law; effect.

55-434.  Court-martial; error of law; effect.(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.(2) 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.Source  Laws 1969, c. 458, § 34, p. 1569.
NE Code § 55-435 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-435 - Court-martial; record; action on.

55-435.  Court-martial; record; action on.After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising court-martial jurisdiction.Source  Laws 1969, c. 458, § 35, p. 1569.
NE Code § 55-436 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-436 - Court-martial; records; reference.

55-436.  Court-martial; records; reference.The convening authority shall refer the record of each court-martial to his Staff Judge Advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the State Judge Advocate.Source  Laws 1969, c. 458, § 36, p. 1569.
NE Code § 55-437 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-437 - Reconsideration; revision.

55-437.  Reconsideration; revision.(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.(2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:(a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.Source  Laws 1969, c. 458, § 37, p. 1569.
NE Code § 55-438 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-438 - Rehearing.

55-438.  Rehearing.(1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.(2) Each rehearing shall take place before a court-martial composed of members 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 he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, 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.Source  Laws 1969, c. 458, § 38, p. 1570.
NE Code § 55-439 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-439 - Approval by the convening authority.

55-439.  Approval by the convening authority.In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.Source  Laws 1969, c. 458, § 39, p. 1570.
NE Code § 55-440 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-440 - Disposition of records after review by the convening authority.

55-440.  Disposition of records after review by the convening authority.When the convening authority has taken final action in a court-martial case, he shall send the entire record, including his action thereon and the opinion or opinions of the Staff Judge Advocate or legal officer, to the State Judge Advocate.Source  Laws 1969, c. 458, § 40, p. 1571.
NE Code § 55-441 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-441 - Court of Military Review; members; qualifications; appointment.

55-441.  Court of Military Review; members; qualifications; appointment.The Adjutant General, upon the recommendation of the State Judge Advocate, shall appoint a Court of Military Review consisting of three members each to serve for a term of five years. The members shall be either civilians or commissioned officers of the military forces who are admitted to the bar of the Supreme Court of Nebraska, except that any commissioned officer of the military forces who because of his position as a judge advocate could have a conflict in a review of any proceedings may not be appointed.Source  Laws 1969, c. 458, § 41, p. 1571.
NE Code § 55-442 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-442 - Court of Military Review; compensation.

55-442.  Court of Military Review; compensation.Members of the Court of Military Review shall be paid the sum of fifty dollars per day when sitting and in addition shall be reimbursed for all expenses incurred as provided in sections 81-1174 to 81-1177 for state employees.Source   Laws 1969, c. 458, § 42, p. 1571;   Laws 1981, LB 204, § 98.
NE Code § 55-443 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-443 - Court of Military Review; powers.

55-443.  Court of Military Review; powers.(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the manual for courts-martial adopted pursuant to section 55-426.(2) In a case referred to it, the Court of Military Review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.(3) If the Court of Military Review sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.(4) The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the Court of Military Review. If the Court of Military Review has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.(5) The State Judge Advocate shall prescribe uniform rules of procedure for the Court of Military Review.(6) No judge of a Court of Military Review shall be eligible to review the record of any trial if such judge (a) served as investigating officer in the case, (b) served as a member of the court-martial before which such trial was conducted, or (c) served as military judge, trial or defense counsel, or reviewing officer of such trial.Source   Laws 1969, c. 458, § 43, p. 1571;   Laws 1993, LB 170, § 8.
NE Code § 55-444 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-444 - Counsel for appellant; appointment.

55-444.  Counsel for appellant; appointment.In every case coming before the Court of Military Review, the Court of Appeals, or the Nebraska Supreme Court under the Nebraska Code of Military Justice, the State Judge Advocate shall appoint counsel to represent the accused and such counsel shall be qualified under section 55-423, except that the accused shall have the right to be represented before the Court of Military Review by civilian counsel if provided by the accused.Source   Laws 1969, c. 458, § 44, p. 1572;   Laws 1992, LB 360, § 29.
NE Code § 55-445 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-445 - Review of cases; procedure.

55-445.  Review of cases; procedure.(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, the appellate court may grant a review of the record. The appellate court shall act upon such petition within ninety days from receipt thereof.(2) Upon filing the petition in the appellate court, the accused shall on the same date file a notice of his or her intention to appeal with the Court of Military Review, and the Court of Military Review shall within fifteen days forward the complete transcript of the case to the appellate court.(3) In any case reviewed by it, the appellate court may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. In a case reviewed upon the petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The appellate court shall take action only with respect to matters of law.(4) If the appellate court sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.(5) After it has acted on a case, the appellate court may direct the State Judge Advocate to return the record to the Court of Military Review for further review in accordance with the decision of the appellate court. Otherwise, unless there is to be further action by the Governor, the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the appellate court has ordered a rehearing but the convening authority finds a rehearing impracticable, the State Judge Advocate may dismiss the charges.Source   Laws 1969, c. 458, § 45, p. 1572;   Laws 1991, LB 732, § 119;   Laws 1992, LB 360, § 30.
NE Code § 55-446 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-446 - Sentence; execution.

55-446.  Sentence; execution.No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.Source  Laws 1969, c. 458, § 46, p. 1573.
NE Code § 55-447 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-447 - Petition for new trial.

55-447.  Petition for new trial.At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition to the court-martial which last heard the case which shall review the petition and the record and report to the convening authority its recommendation for grant or denial of new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 55-438. Upon filing of the petition for new trial, any proceedings pending upon appeal or review of sentence shall be dismissed.Source  Laws 1969, c. 458, § 47, p. 1573.
NE Code § 55-448 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-448 - Principal, defined.

55-448.  Principal, defined.Any person punishable under this code who:(1) Commits an offense punishable by the provisions of this code, or aids, abets, counsels, commands, or procures its commission; or(2) Causes an act to be done which if directly performed by him would be punishable by this code, is a principal.Source  Laws 1969, c. 458, § 48, p. 1574.
NE Code § 55-449 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-449 - Restoration of rights, privileges, property.

55-449.  Restoration of rights, privileges, property.All rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.Source  Laws 1969, c. 458, § 49, p. 1574.
NE Code § 55-450 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-450 - Accessory after the fact, defined.

55-450.  Accessory after the fact, defined.Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.Source  Laws 1969, c. 458, § 50, p. 1574.
NE Code § 55-451 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-451 - Conviction of lesser offense; when.

55-451.  Conviction of lesser offense; when.An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.Source  Laws 1969, c. 458, § 51, p. 1574.
NE Code § 55-452 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-452 - Attempt to commit an offense.

55-452.  Attempt to commit an offense.(1) An act done with specific intent to commit an offense under the code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense.(2) Any person subject to the code who attempts to commit any offense punishable by the code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.(3) Any person subject to the code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.Source   Laws 1969, c. 458, § 52, p. 1574;  Laws 2016, LB754, § 15.