reglab/housing_qa huggingface dataset:
NV Rev Stat § 412.423 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.423 - Withdrawal by accused of appeal or right to appeal.

  1. In each case subject to appellate review pursuant to NRS 412.422, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal must be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.  2. The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.  (Added to NRS by 2013, 1100)
NV Rev Stat § 412.424 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.424 - Reconsideration and revision of court’s ruling; limitations.

  1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.  2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:  (a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;  (b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this Code; or  (c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.  (Added to NRS by 1967, 1327)
NV Rev Stat § 412.426 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.426 - Rehearing or dismissal of charges upon disapproval of findings and sentence.

  1. If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.  2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she 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 the rehearing changes a 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 approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.  (Added to NRS by 1967, 1327; A 2013, 1134)
NV Rev Stat § 412.428 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.428 - Approval by 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 or she finds correct in law and fact and as the convening authority in his or her discretion determines should be approved. Unless he or she indicated otherwise, approval of the sentence is approval of the findings and sentence.  (Added to NRS by 1967, 1327)
NV Rev Stat § 412.433 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.433 - Representation of government and accused upon appeal.

  1. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in NRS 412.432 and before any federal or state court when requested to do so by the Attorney General. Appellate counsel representing the government must be members in good standing of the State Bar of Nevada.  2. Upon an appeal by the State of Nevada, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.  3. Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.  4. Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections 2 and 3.  5. An accused may be represented by civilian appellate counsel at no expense to the State.  (Added to NRS by 2013, 1102)
NV Rev Stat § 412.434 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.434 - Error of law; lesser included offense.

  1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.  2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.  (Added to NRS by 1967, 1328)
NV Rev Stat § 412.436 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.436 - Counsel for accused at review.

  1. Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.  2. Upon the request of an accused entitled to be so represented, the State Judge Advocate shall appoint a lawyer who is a member of the Nevada National Guard and who has the qualifications prescribed in NRS 412.336, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in subsection 1 of this section.  3. If provided by him or her, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.  (Added to NRS by 1967, 1329)
NV Rev Stat § 412.437 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.437 - Procedure applicable to appeal from decision of court-martial.

Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are to be made to courts of the state where a court-martial is held only after the exhaustion of the review conducted pursuant to NRS 412.418 to 412.438, inclusive. The appellate procedures to be followed must be those provided by law for the appeal of criminal cases thereto.  (Added to NRS by 2013, 1102)
NV Rev Stat § 412.4375 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4375 - Appeals by State.

  1. In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided that the finding is not made in reconsideration of a sentence or a finding of guilty. The State may appeal the following:  (a) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;  (b) An order or ruling which excludes evidence that is substantial proof of a fact material to the proceeding;  (c) An order or ruling which directs the disclosure of classified information;  (d) An order or ruling which imposes sanctions for nondisclosure of classified information;  (e) A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; and  (f) A refusal by the military judge to enforce an order described in paragraph (e) that has been previously issued by appropriate authority.  2. An appeal of an order or ruling by the State 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 after the order or ruling. Such notice must 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. The State must diligently prosecute an appeal under this section as provided by law.  4. An appeal under this section must be forwarded to the court prescribed in this Code. In ruling on an appeal under this section, the court may act only with respect to matters of law.  5. Any period of delay resulting from an appeal under this section must 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.  (Added to NRS by 2013, 1100)
NV Rev Stat § 412.438 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.438 - Vacation of suspension of sentence.

  1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he or she so desires.  2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the Nevada National Guard of which the probationer is a member in all other cases covered by subsection 1. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.  3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.  (Added to NRS by 1967, 1329)
NV Rev Stat § 412.442 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.442 - Petition for new trial.

At any time within 2 years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.  (Added to NRS by 1967, 1329)
NV Rev Stat § 412.444 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.444 - Remission and suspension of sentence; substitution of administrative discharge.

  1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.  2. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.  (Added to NRS by 1967, 1329)
NV Rev Stat § 412.446 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.446 - Restoration of rights; substitution of discharge; reappointment.

  1. Under Office regulations, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, must be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.  2. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.  3. If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment must be considered as service for all purposes.  (Added to NRS by 1967, 1329; A 1993, 1613)
NV Rev Stat § 412.448 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.448 - Finality of proceedings, findings and sentence.

The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this Code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval, as required by this Code, are final and conclusive. Orders publishing the proceedings of court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the State, subject only to action upon a petition for a new trial as provided in NRS 412.442.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.4485 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4485 - Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.

  1. Unless otherwise stated in this section, in the case of a person determined pursuant to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715, inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715, inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715, inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the court that ordered the commitment of the person.  2. When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.  3. Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.  (Added to NRS by 2013, 1102)
NV Rev Stat § 412.449 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.449 - Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.

  1. If a person is found by a court-martial not guilty by reason of lack of mental responsibility or not guilty only by reason of lack of mental responsibility, the person must be committed to a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.  2. The court-martial must conduct a hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of the hearing must be made to the convening authority having authority to convene a general court-martial for the person.  3. If the court-martial finds by clear and convincing evidence that the person is a person with mental illness, the convening authority having authority to convene a general court-martial for the person shall commit the person to the custody of a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.  4. Except as otherwise provided by law, the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a person committed to the custody of a suitable facility pursuant to this section, except that the convening authority having authority to convene a general court-martial for the person shall be considered the court that ordered the person’s commitment.  (Added to NRS by 2013, 1103)
NV Rev Stat § 412.4495 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.4495 - Rights of person whose mental condition is subject of hearing.

At a hearing ordered pursuant to NRS 412.4485 or 412.449, the person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a court-martial or pursuant to NRS 171.188 if the hearing is conducted by a court of this State. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.  (Added to NRS by 2013, 1103)
NV Rev Stat § 412.452 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.452 - Trial or punishment for offense committed while subject to jurisdiction under the Code.

No person may be tried or punished for any offense provided for in NRS 412.454 to 412.562, inclusive, unless it was committed while the person was subject to jurisdiction under this Code in accordance with NRS 412.254, 412.2545 and 412.256, as applicable.  (Added to NRS by 1967, 1330; A 2013, 1136; 2017, 135)
NV Rev Stat § 412.454 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.454 - Principal.

Any person subject to this Code who:  1. Commits an offense punishable by this Code, or aids, abets, counsels, commands or procures its commission; or  2. Causes an act to be done which if directly performed by him or her would be punishable by this Code,  is a principal.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.456 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.456 - Accessory after fact.

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts or assists the offender in order to hinder or prevent his or her apprehension, trial or punishment shall be punished as a court-martial may direct.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.458 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.458 - Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.462 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.462 - Attempt.

  1. An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.  2. Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.  3. Any person subject to this Code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.464 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.464 - Conspiracy.

Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.  (Added to NRS by 1967, 1330)
NV Rev Stat § 412.466 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.466 - Solicitation.

  1. Any person subject to this Code who solicits or advises another or others to desert in violation of NRS 412.474 or to mutiny in violation of NRS 412.496 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense; but if the offense solicited or advised is not committed or attempted he or she shall be punished as a court-martial may direct.  2. Any person subject to this Code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of NRS 412.508 or sedition in violation of NRS 412.496 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed he or she shall be punished as a court-martial may direct.  (Added to NRS by 1967, 1331)
NV Rev Stat § 412.468 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.468 - Fraudulent enlistment, appointment or separation.

Any person who:  1. Procures his or her own enlistment or appointment in the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or  2. Procures his or her own separation from the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her eligibility for that separation,  shall be punished as a court-martial may direct.  (Added to NRS by 1967, 1331)