reglab/housing_qa huggingface dataset:
KS Stat § 48-2714 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2714 (KCMJ Art. 49) Depositions.

48-2714. (KCMJ Art. 49) Depositions. (a) At any time after charges have been signed, as provided in K.S.A. 48-2601 and amendments thereto, any party may take oral or written depositions unless the military judge or 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 an authority shall designate lawyers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.(b) 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.(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.(d) 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 audio tapes, video tapes or similar materials, may be played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears that:(1) The witness resides or is beyond the state in which the court, commission or board is ordered to sit, or beyond 100 miles from the place of trial or hearing;(2) 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(3) the present whereabouts of the witness is unknown.History: L. 1972, ch. 203, § 48-2714; L. 1988, ch. 191, § 32; July 1.
KS Stat § 48-2715 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2715 Admissibility of records of courts of inquiry.

48-2715. Admissibility of records of courts of inquiry. (a) 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.(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.(c) Such testimony may also be read in evidence before a court of inquiry or a military board.History: L. 1972, ch. 203, § 48-2715; July 1.
KS Stat § 48-2716 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2716 (KCMJ Art. 51) Voting and rulings.

48-2716. (KCMJ Art. 51) Voting and rulings. (a) Voting by members for a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge on questions of challenge, shall be by secret written ballot. The junior member of the court shall in each case 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.(b) The military judge, and, except for questions of challenge, the president of a court-martial without a 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, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge, or the president of a court-martial without a 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 K.S.A. 48-2717 and amendments thereto beginning with the junior in rank.(c) 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:(1) The accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;(2) 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;(3) 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(4) the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.(d) Subsections (a), (b) and (c) 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 and impose 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 will be sufficient if the findings of fact appear therein.History: L. 1972, ch. 203, § 48-2716; L. 1988, ch. 191, § 33; July 1.
KS Stat § 48-2717 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2717 (KCMJ Art. 52) Number of votes required.

48-2717. (KCMJ Art. 52) Number of votes required. (a) No person may be convicted of an offense, except as provided in K.S.A. 48-2710 and amendments thereto or by the concurrence of 2/3 of the members present at the time the vote is taken.(b) All sentences shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence with a view toward decreasing it may be made by a lesser vote which indicates a different result would be obtained. A tie vote on a challenge disqualifies the member challenged. 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.History: L. 1972, ch. 203, § 48-2717; L. 1988, ch. 191, § 34; July 1.
KS Stat § 48-2718 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2718 Court to announce action.

48-2718. Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined.History: L. 1972, ch. 203, § 48-2718; July 1.
KS Stat § 48-2719 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2719 (KCMJ Art. 54) Record of trial.

48-2719. (KCMJ Art. 54) Record of trial. (a) Each general court-martial shall keep a separate record of the proceedings in 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 the judge's 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 the trial counsel's 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 which would impose such a duty on a member under this subsection.(b) Each special and summary court-martial shall keep a separate record of the proceedings in each case and the record shall be authenticated in the manner required by such regulations as the governor may prescribe.(c) (1) A complete record of the proceedings and testimony shall be prepared:(A) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge or, if the sentence adjudged does not include a discharge, any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and(B) in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge.(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the governor.(d) A copy of the record of the proceedings of each general court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection (a), but has been made, the accused may purchase such a record under such regulations as the governor may prescribe.History: L. 1972, ch. 203, § 48-2719; L. 1988, ch. 191, § 35; July 1.
KS Stat § 48-2801 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 28 - Code Of Military Justice; Sentences|48-2801 Cruel and unusual punishments prohibited.

48-2801. Cruel and unusual punishments prohibited. Cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.History: L. 1972, ch. 203, § 48-2801; July 1.
KS Stat § 48-2802 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 28 - Code Of Military Justice; Sentences|48-2802 Maximum punishment.

48-2802. Maximum punishment. The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.History: L. 1972, ch. 203, § 48-2802; July 1.
KS Stat § 48-2803 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 28 - Code Of Military Justice; Sentences|48-2803 (KCMJ Art. 57) Effective date of sentences.

48-2803. (KCMJ Art. 57) Effective date of sentences. (a) No forfeiture may extend to any pay accrued before the date on which the sentence is approved by the person acting under K.S.A. 48-2901 and amendments thereto.(b) 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. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.(c) All other sentences of courts-martial are effective on the date ordered executed.(d) 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 the convening authority's jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in 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 the officer's jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.History: L. 1972, ch. 203, § 48-2803; L. 1988, ch. 191, § 36; July 1.
KS Stat § 48-2804 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 28 - Code Of Military Justice; Sentences|48-2804 Execution of confinement.

48-2804. Execution of confinement. (a) 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 forces of the state military forces or in any jail, penitentiary, or prison designed for the purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.(b) 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.(c) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under K.S.A. 48-2205, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.History: L. 1972, ch. 203, § 48-2804; July 1.
KS Stat § 48-2915 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2915 (KCMJ Art. 59) Error of law; lesser included offense.

48-2915. (KCMJ Art. 59) Error of law; lesser included offense. (a) 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.(b) 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.History: L. 1988, ch. 191, § 37; July 1.
KS Stat § 48-2917 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2917 (KCMJ Art. 61) Waiver or withdrawal of appeal.

48-2917. (KCMJ Art. 61) Waiver or withdrawal of appeal. (a) In each case subject to appellate review under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under subsection (a) of K.S.A. 48-2916 is served on the accused or on defense counsel. The convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than 30 days.(b) The accused may withdraw an appeal at any time.(c) A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924.History: L. 1988, ch. 191, § 39; July 1.
KS Stat § 48-2918 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2918 (KCMJ Art. 62) Appeal by the state.

48-2918. (KCMJ Art. 62) Appeal by the state. (a) (1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the adjutant general may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the adjutant general may not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification.(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.(3) An appeal under this section shall be diligently prosecuted by appellate counsel.(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the governor for the adjutant general directly to the court of military review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the court of military review may act only with respect to matters of law, notwithstanding subsection (c) of K.S.A. 48-2922.(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.History: L. 1988, ch. 191, § 40; July 1.
KS Stat § 48-2919 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2919 (KCMJ Art. 63) Rehearings.

48-2919. (KCMJ Art. 63) Rehearings. Each rehearing under this code 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 retried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be 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. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at a rehearing changes the accused's plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.History: L. 1988, ch. 191, § 41; July 1.
KS Stat § 48-2920 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2920 (KCMJ Art. 64) Review by a judge advocate.

48-2920. (KCMJ Art. 64) Review by a judge advocate. (a) Each case in which there has been a finding of guilty that is not reviewed under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924 shall be reviewed by a judge advocate under regulations of the governor. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:(1) Conclusions as to whether:(A) The court had jurisdiction over the accused and the offense;(B) the charge and specification stated an offense; and(C) the sentence was within the limits prescribed as a matter of law.(2) A response to each allegation of error made in writing by the accused.(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened, or to that person's successor in command, if:(1) The judge advocate who reviewed the case recommends corrective action;(2) the sentence approved under subsection (c) of K.S.A. 48-2916 extends to dismissal, a bad-conduct or dishonorable discharge or confinement for more than six months; or(3) such action is otherwise required by regulations of the governor.(c) (1) The person to whom the record of trial and related documents are sent under subsection (b) may:(A) Disapprove or approve the findings or sentence, in whole or in part;(B) remit, commute or suspend the sentence in whole or in part;(C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence or on both; or(D) dismiss the charges.(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.(3) If the opinion of the judge advocate in the judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the judge advocate general for review under subsection (b) of K.S.A.. 48-2924.History: L. 1988, ch. 191, § 42; July 1.
KS Stat § 48-2921 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2921 (KCMJ Art. 65) Disposition of records.

48-2921. (KCMJ Art. 65) Disposition of records. (a) In a case subject to appellate review under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924 in which the right to such review is not waived, or an appeal is not withdrawn, under K.S.A. 48-2917, the record of trial and action thereon shall be transmitted to the judge advocate general for appropriate action.(b) Except as otherwise required by this code, all other records of trial and related documents shall be transmitted and disposed of as the governor may prescribe by regulation.History: L. 1988, ch. 191, § 43; July 1.