reglab/housing_qa huggingface dataset:
MS Code § 33-13-321 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-321. Opportunity to obtain witnesses and other evidence

  The trial counsel, the defense counsel, the accused, if not represented by counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses.   The military judge or summary court officer of a court-martial may:   Issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;   Issue a subpoena duces tecum and other subpoenas;   Enforce by attachment the attendance of witnesses and the production of books and papers; and   Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.     Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers or peace officers as prescribed by the laws of the state.
MS Code § 33-13-323 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-323. Refusal to appear or testify

  Any person not subject to this code who:   Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer or peace officer designated to take a deposition to be read in evidence before a court; and   Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses under Section 33-13-621 of this code; 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, is guilty of an offense against the state and may be punished by a fine not to exceed three hundred dollars ($300.00) or confinement not to exceed thirty (30) days in jail, or by both fine and confinement, and such witness shall be prosecuted in the appropriate county court.     The appropriate district attorney for the state in any circuit court having jurisdiction where the military proceeding was convened shall, upon submission of a complaint to him by the presiding officer of a military court, commission, court of inquiry or board, file an information against and prosecute any person violating this section.
MS Code § 33-13-325 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-325. Contempts

 A military court may punish for contempt any person who uses any menacing words, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Punishment may not exceed confinement for thirty (30) days or a fine of Eight Hundred Dollars ($800.00), or both, provided that punishment of civilians by civilian courts for such contempt shall not be prohibited hereby.
MS Code § 33-13-327 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-327. Depositions

  At any time after charges have been signed, as provided in Section 33-13-251 of this code, any party may take oral or written depositions unless the military judge, a court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate attorneys in the state military forces to represent the prosecution and the defense and may authorize those persons to take the deposition of any witness.   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.   Depositions may be taken before and authenticated by any military or civil officer authorized by laws of the state or by the laws of the place where the deposition is taken to administer oaths.   Any 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 before any military court or commission, or in any proceeding before a court of inquiry, if it appears:   That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;   That the witness by reason of death, age or 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   That the present whereabouts of the witness is unknown.
MS Code § 33-13-329 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-329. Admissibility of records of courts of inquiry

  Upon a showing of unavailability 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, or 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 consent to the introduction of such evidence.   Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.   Such testimony may also be read in evidence before a court of inquiry or a military board.   In all courts of inquiry both enlisted men and officers shall have the right to counsel and the right to cross-examination of all witnesses.
MS Code § 33-13-331 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-331. Voting and rulings

  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 collect and 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 is final and constitutes the ruling of the court. However, the military judge may change his ruling at any time during the trial.   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 guilt is established by legal and competent evidence beyond reasonable doubt;   That 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 he must be acquitted;   That, 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;   That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.     Subsections (1), (2) and (3) of this section do 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 required to be filed, it will be sufficient if the findings of fact appear therein.
MS Code § 33-13-333 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-333. Number of votes required

  No person may be convicted of an offense, except by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.   All sentences shall be determined by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.   All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a sentence with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
MS Code § 33-13-335 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-335. Court to announce action

 A court-martial shall announce its finding and sentence to the parties as soon as determined.
MS Code § 33-13-337 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 13 - Trial Procedure|§ 33-13-337. Record of trial

  Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor.   Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by such regulations as the Governor may prescribe.   A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
MS Code § 33-13-351 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 15 - Sentences|§ 33-13-351. Cruel and unusual punishment prohibited

 Punishment by flogging, or by branding, marking or tatooing 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.
MS Code § 33-13-353 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 15 - Sentences|§ 33-13-353. Maximum limits

 The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.
MS Code § 33-13-355 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 15 - Sentences|§ 33-13-355. Effective date of sentences

  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.   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 general 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 general court-martial jurisdiction over the command to which the accused is currently assigned.   In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until all reviews and any appeals to the Mississippi Court of Military Appeals are complete.   All other sentences of courts-martial are effective on the date ordered executed.
MS Code § 33-13-357 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 15 - Sentences|§ 33-13-357. Execution of confinement

  A sentence of confinement adjudged by a military court, 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 under the control of any of the state military forces or in any jail, penitentiary, or prison or other institution, under the control of this state or any political subdivision thereof and designated by the Adjutant General. Persons so confined in a jail, penitentiary, prison or other institution are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, prison or other institutions by the courts of the state or of any political subdivision thereof.   The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.   The keepers, officers, and wardens of any jails, penitentiaries, prisons, or other institutions, under the control of this state or any political subdivision thereof, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.
MS Code § 33-13-401 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-401. Error of law; lesser included offense

  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.   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.
MS Code § 33-13-403 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-403. Initial action on the record

 After 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 general court-martial jurisdiction.
MS Code § 33-13-405 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-405. General court-martial records

 The convening authority shall refer the record of each general court-martial to his judge advocate 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.
MS Code § 33-13-407 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-407. Reconsideration and revision

 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:   For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;   For consideration 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   For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
MS Code § 33-13-409 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-409. Rehearings

 If the convening authority disapproves the finding 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 hearing, he shall dismiss the charges.   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.
MS Code § 33-13-411 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-411. 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.
MS Code § 33-13-413 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-413. Initial review and disposition of records

  If the convening authority is the Governor, his action on the review of any record of trial is final, subject to review by the Mississippi Court of Military Appeals.   In all other cases not covered by subsection (1) of this section, if the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate judge advocate of the state military forces concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the judge advocate shall then be sent to the state judge advocate for review.   All other special and summary court-martial records shall be sent to the judge advocate of the appropriate force of the state military forces and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed by the Governor.   The state judge advocate shall review the record of trial in each case sent to him for review as provided under subsection (2) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.   The state judge advocate shall take final action in any case reviewable by him.
MS Code § 33-13-415 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-415. Review by state judge advocate

  In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm 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 determines, on the basis of the entire record, should be approved. In considering the record, he 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. If the state judge advocate set aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.   In a case reviewable by the state judge advocate under this or the proceeding section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
MS Code § 33-13-419 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-419. Precedents of other courts

 Decisions of the United States Court of Appeals for the Armed Forces and of the Courts of Review of the Armed Forces of the United States shall be considered persuasive authority but will not be regarded as binding precedent unless adopted as such by the Mississippi Court of Military Appeals.
MS Code § 33-13-421 (2020)
2020 Mississippi Code|Title 33 - Military Affairs|Chapter 13 - Mississippi Code of Military Justice|Article 17 - Review of Courts-Martial|§ 33-13-421. Appellate counsel

 The counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his own expense. Should the defense or trial counsel become unable to perform their duties because of illness or other disability, the convening authority will appoint a qualified trial or defense counsel to continue the proceedings.