reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5924.41 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.41 | Challenges.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court 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. (B) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.(C) If the exercise of a peremptory challenge reduces the number of members of a court-martial below the minimum required under section 5924.16 of the Revised Code, any remaining peremptory challenges shall be exercised or waived before additional members are detailed.(D) Additional members detailed to a court-martial may be challenged for cause as provided in division (A) of this section. After challenges for cause against the additional members are presented and decided, each accused and trial counsel is entitled to one peremptory challenge against members not previously challenged peremptorily.
Ohio Rev Code § 5924.43 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.43 | Statute of Limitations.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) A person charged with an offense punishable under this code is not liable to be tried by court-martial or punished under section 5924.15 of the Revised Code if the offense was committed more than four years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command. (B) Periods in which the accused was absent from the state, is in the custody of civil authorities, or in the hands of the enemy shall be excluded in computing the period of limitation prescribed in this section.
Ohio Rev Code § 5924.44 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.44 | Double Jeopardy.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No person may be tried a second time in any court-martial of this state 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 for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.(C) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for want of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.
Ohio Rev Code § 5924.46 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) 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 as the adjutant general may prescribe. (B) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be substantially similar to process that may be issued by the courts of this state in criminal cases and shall run to any part of the state.
Ohio Rev Code § 5924.47 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.47 | Refusal to Appear or Testify.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|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 designated to take a deposition to be read in evidence before a military court or has been duly paid or tendered the fees and mileage of a witness at the rates provided for under section 119.094 of the Revised Code and who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence that the person may have been legally subpoenaed to produce, may be punished for contempt in the manner provided for in Chapter 2705. of the Revised Code.
Ohio Rev Code § 5924.48 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.48 | Penalty for Contempt.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|A military court, in the manner provided for in Chapter 2705. of the Revised Code, may punish for contempt any person who is guilty of any act described in section 2705.02 of the Revised Code.
Ohio Rev Code § 5924.49 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.49 | Depositions.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|At any time after charges have been signed as provided in section 5924.30 of the Revised Code, any party may take oral or written depositions in the manner and for the purposes provided in the Ohio Rules of Criminal Procedure.
Ohio Rev Code § 5924.50 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.50 | Admissibility of Records of Board of Officers.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) In any case, the sworn testimony contained in the duly authenticated record of proceedings of a board of officers 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 board of officers 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 board of officers.
Ohio Rev Code § 5924.501 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.501 | Competency of Accused; Hearing.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) In an action under this code, the military judge, trial counsel, defense counsel, or civilian counsel may raise the issue of the accused's competence to stand trial. If the issue is raised before the trial has commenced, the court shall hold a hearing on the issue as provided in this section. If the issue is raised after the trial has commenced, the court shall hold a hearing on the issue only for good cause shown or on the court's own motion. (B) The court shall conduct the hearing required or authorized under division (A) of this section within thirty days after the issue is raised unless the accused has been referred for evaluation in which case the court shall conduct the hearing within ten days after the filing of the report of the evaluation. A hearing may be continued for good cause.(C) The accused shall be represented by counsel at the hearing conducted under division (B) of this section.(D) The trial counsel and defense counsel may submit evidence on the issue of the accused's competence to stand trial. A written report of the evaluation of the accused may be admitted into evidence at the hearing by stipulation, but, if either the government or defense objects to its admission, the report may be admitted under seal of court in camera to the military judge.(E) The court shall not find an accused incompetent to stand trial solely because the accused is receiving or has received treatment as a voluntary or involuntary mentally ill patient under Chapter 5122. of the Revised Code or because the accused is receiving or has received psychotropic drugs or other medication, even if the accused might become incompetent to stand trial without the drugs or medication.(F) An accused is presumed to be competent to stand trial. If, after a hearing, the court finds by a preponderance of the evidence that, because of the accused's present mental condition, the accused is incapable of understanding the nature and objective of the proceedings against the accused or of assisting in the accused's defense, the court shall find the accused incompetent to stand trial and shall enter an order authorized by section 5924.503 of the Revised Code.
Ohio Rev Code § 5924.505 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.505 | "Not Guilty by Reason of Insanity".

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|For purposes of sections 5924.502 and 5924.506 of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain from doing the person's act or acts, does not constitute a defense.
Ohio Rev Code § 5924.51 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.51 | Voting and Rulings.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon 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 special 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 section 5924.52 of the Revised Code, beginning with the junior in rank.(C) Before a vote is taken on the findings, the military judge or the president of a court-martial without a 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:(1) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;(2) 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 the accused must be acquitted;(3) 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(4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.(D) Divisions (A), (B), and (C) 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 make specific findings of fact. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
Ohio Rev Code § 5924.52 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.52 | Number of Votes Required.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No person may be convicted of any offense, except by the concurrence of two-thirds of the members of the court-martial present at the time the vote is taken. (B) 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, to decrease or lessen it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. 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.
Ohio Rev Code § 5924.53 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.53 | Announcement of Findings.

Effective: October 10, 1961|Latest Legislation:  House Bill 154 - 104th General Assembly|A court-martial shall announce its findings and sentence to the parties as soon as determined.
Ohio Rev Code § 5924.54 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.54 | Record of Proceedings.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(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 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 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 division. (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 regulations prescribed by the adjutant general.(C)(1) A complete record of the proceedings and testimony shall be prepared in the following cases:(a) Each case tried before a general court-martial in which the sentence adjudged includes a dismissal, a discharge, or any punishment that exceeds the punishment that may otherwise be adjudged by a special court-martial;(b) Each case tried before a special court-martial in which the sentence adjudged includes a bad-conduct discharge or confinement for more than six months.(2) In all other cases tried before a court-martial, the record shall contain any matters that are required by regulations of the adjutant general. 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.
Ohio Rev Code § 5924.55 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.55 | Cruel and Unusual Punishments.

Effective: October 10, 1961|Latest Legislation:  House Bill 154 - 104th General Assembly|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.
Ohio Rev Code § 5924.56 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.56 | Maximum Punishments.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|The punishment that a court-martial may direct for an offense may not exceed limits prescribed by the adjutant general for the offense.
Ohio Rev Code § 5924.58 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.58 | Execution of Sentence of Confinement.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Subject to regulations prescribed by the adjutant general, 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 jail or correctional facility in this state. Persons so confined are subject to the same discipline and treatment as persons confined or committed to the jail or correctional facility by the courts of the state or of any political subdivision of the state. (B) No payment of any kind may be required for so housing a prisoner under this code.
Ohio Rev Code § 5924.581 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.581 | Reduction in Pay for Enlisted Members.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Except as otherwise provided in regulations made by the adjutant general, a court-martial sentence of an enlisted member in a pay grade above E-1 that includes a dishonorable or bad-conduct discharge, confinement, or hard labor without confinement reduces the member to pay grade E-1, effective on the date the convening authority approves the sentence. (B) If the sentence of a member who is reduced in pay grade under division (A) of this section is set aside or disapproved, or as finally approved does not include a dishonorable or bad-conduct discharge, confinement, or hard labor without confinement, the rights and privileges of which the member was deprived because of the reduction in pay are restored, and the member shall be paid the pay and allowances that the member would have been paid for the period the reduction was in effect had the member not been reduced in pay.
Ohio Rev Code § 5924.582 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.582 | Forfeiture of Pay and Allowances.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) A member who receives a court-martial sentence that includes confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal forfeits pay, or pay and allowances, during any period of confinement or parole. The forfeiture takes effect on the date determined under section 5924.57 of the Revised Code and may be deferred as provided by that section. The pay and allowances forfeited as a result of a sentence imposed by a general court-martial shall be all pay and allowances due during any period of confinement or parole. The pay and allowances forfeited as a result of a sentence imposed by a special court-martial shall be two-thirds of all pay and allowances due during any period of confinement or parole. (B) If a member subject to forfeiture of pay or pay and allowances under division (A) of this section has dependents, the convening authority or other person acting under section 5924.60 of the Revised Code may waive all or part of the forfeiture of pay and allowances for a period not exceeding six months. Any pay or allowances paid as a result of a waiver shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused member.(C) If the sentence of a member who forfeits pay and allowances under division (A) of this section is set aside or disapproved or, as finally approved, does not provide for a punishment that includes confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances that the member would have been paid for the period the forfeiture was in effect had the member's pay and allowances not been forfeited.
Ohio Rev Code § 5924.59 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.59 | Review of Finding.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(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 instead approve or affirm so much of the finding as includes a lesser included offense.