reglab/housing_qa huggingface dataset:
LA Rev Stat § 29:130a (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§130a. Article 30a. Certain proceedings conducted before referral

RS 130a - Article 30a. Certain proceedings conducted before referral  A.(1) Proceedings may be conducted to review, or otherwise act on the following matters before referral of charges and specification to court-martial for trial in accordance with rules or regulations prescribed under Article 36 of this Code.  (a) Pre-referral investigative subpoenas.  (b) Pre-referral warrants or orders for electronic communications.  (c) Pre-referral matters referred by an appellate court.  (2) If any matter in a proceeding under this Article becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed in the court-martial.  B. Military judges may be detailed to proceedings under Paragraph (A)(1) of this Article in accordance with regulations prescribed under Article 36 of this Code. A Section, other than a proceeding described in Subparagraph (A)(1)(b) of this Article, may designate a military magistrate to preside over the proceedings.  Acts 2019, No. 373, §1.
LA Rev Stat § 29:131 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§131. Article 31. Compulsory self incrimination prohibited

RS 131 - Article 31. Compulsory self incrimination prohibited  A. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.  B. No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.  C. No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.  D. No statement obtained from any person in violation of this Section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.  Acts 1974, No. 621, §1.
LA Rev Stat § 29:133 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§133. Article 33. Forwarding of charges

RS 133 - Article 33. Forwarding of charges  When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that person the reasons for delay.  Acts 1974, No. 621, §1.
LA Rev Stat § 29:134 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§134. Article 34. Advice to convening authority before referral for trial

RS 134 - Article 34. Advice to convening authority before referral for trial  A. General court-martial. (1) Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the state judge advocate for advice, which the state judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the state judge advocate advises the convening authority in writing that:  (a) The specification alleges an offense under this Code;  (b) There is probable cause to believe that the accused committed the offense charged; and  (c) A court-martial would have jurisdiction over the accused and the offense.  (2) Together with the written advice provided under Paragraph (1) of this Subsection, the state judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of this specification in the interest of justice and discipline.  (3) When a convening authority makes a referral for trial by general court-martial, the written advice of the state judge advocate under Paragraph (1) of this Subsection and the written recommendation of the state judge advocate under Paragraph (2) of this Subsection with respect to each specification shall accompany the referral.  B. Special court-martial. Before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.  C. Before referral for trial by general court-martial or special court-martial, changes may be made to charges and specifications:  (1) To correct errors in form; and  (2) When applicable, to conform to the substance of the evidence contained in a report under Article 32(C) of this Code.  D. In this Article, the term "referral" means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.  Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:135 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§135. Article 35. Service of charges; commencement of trial

RS 135 - Article 35. Service of charges; commencement of trial  A. The trial counsel detailed for a court-martial under Article 27 of this Code shall cause to be served upon the accused a copy of the charges and specifications referred for trial.  B.(1) Subject to Paragraph (2) of this Subsection, no trial or other proceeding of a general court-martial or a special court-martial, including any session under Article 39(A) of this Code may be held over the objection of the accused:  (a) With respect to a general court-martial, from the time of service through the fifth day after the date of service; or  (b) With respect to a special court-martial, from the time of service through the third day after date of service.  (2) An objection under Paragraph (1) of this Subsection may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under Subparagraphs (1)(a) or (b) of this Subsection. If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this Subsection.  C. Upon a showing of good cause, the military judge in a general or special court-martial may grant a continuance of any hearing in which the presence of the accused is required.  Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:136 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§136. Article 36. Rules of procedure for courts-martial

RS 136 - Article 36. Rules of procedure for courts-martial  A. The procedure, in cases before military courts shall be the federal Rules for Courts-Martial, as published in the most recent version of the Manual for Courts-Martial, United States, except when such rules are contrary to or inconsistent with this code.  B. The modes of proof in cases before courts-martial under this code shall be the federal Military Rules of Evidence, as prescribed in the most recent version of the Manual for Courts-Martial, United States, except when such rules are contrary to or inconsistent with this code.  C. The governor or adjutant general may promulgate additional rules and regulations regarding courts-martial procedure. All rules and regulations made under this Section shall be uniform insofar as practicable.  Acts 1974, No. 621, §1; Acts 2017, No. 75, §1, eff. June 8, 2017.
LA Rev Stat § 29:137 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§137. Article 37. Unlawfully influencing action of court

RS 137 - Article 37. Unlawfully influencing action of court  A. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by an unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of this Subsection shall not apply with respect to:  (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or  (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.  B. In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the state military force is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military force, or in determining whether a member of the state military force should be retained on active duty, no person subject to this code may, in preparing any such report:  (1) consider or evaluate the performance of duty of any such member as a member of a court-martial, or  (2) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.  Acts 1974, No. 621, §1.
LA Rev Stat § 29:138 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§138. Article 38. Duties of trial counsel and defense counsel

RS 138 - Article 38. Duties of trial counsel and defense counsel  A. The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.  B.(1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under Article 32 of this Code as provided in this Subsection.  (2) The accused may be represented by civilian counsel if provided by him.  (3) The accused may be represented:  (a) By military counsel detailed under Article 27 of this Code; or  (b) By military counsel of his own selection if that counsel is reasonably available, as determined under regulations and rules of procedure prescribed under Article 36 of this Code.  (4) If the accused is represented by civilian counsel, the military counsel detailed or selected under Paragraph (3) of this Subsection shall act as associate counsel unless excused at the request of the accused.  (5) Except as provided under Paragraph (6) of this Subsection, if the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, any military counsel detailed under Subparagraph (3)(a) of this Subsection shall be excused.  (6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under Article 27 of this Code to detail counsel, in his sole discretion:  (a) May detail additional military counsel as assistant defense counsel; and  (b) If the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, may approve a request from the accused that military counsel detailed under Subparagraph (3)(a) of this Subsection act as associate defense counsel.  C. In any court-martial proceeding resulting in a conviction, the defense counsel may:  (1) Forward for attachment to the record of proceedings a brief of such matters he determines should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.  (2) Take other action authorized by this Code.  D. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Article 27 of this Code, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.  E. An assistant defense counsel of a general or special court-martial may perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.  Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:139 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§139. Article 39. Sessions

RS 139 - Article 39. Sessions  A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Article 35 of this Code, call the court into session without the presence of the members for the purpose of:  (1) 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;  (2) Hearing and ruling upon any matter which may be ruled upon by the military judge under this Code, whether or not the matter is appropriate for later consideration or decision by the members of the court;  (3) Holding the arraignment and receiving the pleas of the accused;  (4) Conducting a sentencing proceeding and sentencing the accused; and  (5) Performing any other procedural function which may be performed by the military judge under this Code or under rules prescribed pursuant to Article 36 of this Code and which does not require the presence of the members of the court.  B. Proceedings under Subsection A of this Article 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to Article 29 of this Code. If authorized by procedures and regulations specified in Article 36 of this Code, and if at least one defense counsel is physically in the presence of the accused, the presence required by this Subsection may otherwise be established by audiovisual technology, such as video teleconferencing technology.  C. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including 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.  Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:140 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§140. Article 40. Continuances

RS 140 - Article 40. Continuances  The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.  Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:141 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§141. Article 41. Challenges

RS 141 - Article 41. Challenges  A.(1) The military judge and the members of a general court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.  (2) If exercise of a challenge for cause reduces the court below the number of members required by Article 16 of this Code, all parties shall, notwithstanding Article 29 of this Code, 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. However, peremptory challenges shall not be exercised at that time.  B.(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.  (2) If exercise of a peremptory challenge reduces the court below the number of members required by Article 16 of this Code, the parties shall, notwithstanding Article 29 of this Code, 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.  C. 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.  Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:142 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§142. Article 42. Oaths

RS 142 - Article 42. Oaths  A. Before performing their respective duties, military judges, members of a general and special court-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in procedures and regulations prescribed in Article 36 of this Code. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel or assistant defense counsel may be taken at any time by any judge advocate or legal officer, or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.  B. Each witness before a court-martial shall be examined on oath.  Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:144 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§144. Article 44. Former jeopardy

RS 144 - Article 44. Former jeopardy  A. No person may, without his consent, be tried a second time for the same offense.  B. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this Section until the finding of guilty has become final after review of the case has been fully completed.  C. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this Section.  Acts 1974, No. 621, §1.
LA Rev Stat § 29:145 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§145. Article 45. Pleas of the accused

RS 145 - Article 45. Pleas of the accused  A. 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 he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.  B. 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, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.  C. A variance from the requirements of this Article is harmless error if the variance does not materially prejudice the substantial rights of the accused.  Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
LA Rev Stat § 29:146 (2021)
2021 Louisiana Laws|Revised Statutes|Title 29 - Military, Naval, and Veteran's Affairs|§146. Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial

RS 146 - Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial  A. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations prescribed in accordance with Article 36 of this Code.  B. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which civil courts of this state having criminal jurisdiction may lawfully issue and shall run to any part of the state and may be executed by civil officers of this state.  C. A subpoena or other process may be issued to compel a witness to appear and testify:  (1) Before a court-martial or court of inquiry;  (2) At a deposition under Article 49 of this Code; or  (3) As otherwise authorized under this Code.  D.(1) A subpoena or other process may be issued to compel the production of evidence:  (a) For a court-martial or court of inquiry;  (b) For a deposition under Article 49 of this Code;  (c) For an investigation of an offense under this Code; or  (d) As otherwise authorized under this Code.  (2) An investigative subpoena under Subparagraph (1)(c) of this Subsection may be issued before referral of charges to a court-martial only if a general court-martial convening authority has authorized counsel for the government to issue such a subpoena or a military judge issues such a subpoena pursuant to Article 30a of this Code.  (3) With respect to an investigation of an offense under this Code, a military judge detailed in accordance with Article 26 or 30a of this Code, may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of this state, subject to rules prescribed under Article 36 of this Code.  E. If a person requests relief from a subpoena or other process under this Article on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with Article 26 or 30a of this Code shall review the request and shall:  (1) Order that the subpoena or other process be modified or withdrawn, as appropriate; or  (2) Order the person to comply with the subpoena or other process.  Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.