reglab/housing_qa huggingface dataset:
MN Stat § 192A.10 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.10 — Jurisdiction Of General Courts-martial.

192A.10 JURISDICTION OF GENERAL COURTS-MARTIAL. Subject to section 192A.095 general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code. History:  1963 c 661 s 192A.10; 1978 c 552 s 7; 1986 c 444; 2002 c 308 s 18; 2013 c 78 s 5
MN Stat § 192A.105 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.105 — Jurisdiction Of Special Courts-martial.

192A.105 JURISDICTION OF SPECIAL COURTS-MARTIAL. Subject to section 192A.095 special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than 90 days, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. History:  1963 c 661 s 192A.105; 1978 c 552 s 8; 1986 c 444; 2002 c 308 s 19; 2013 c 78 s 6
MN Stat § 192A.11 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.11 — Jurisdiction Of Summary Courts-martial.

192A.11 JURISDICTION OF SUMMARY COURTS-MARTIAL. Subdivision 1. Jurisdiction of summary courts-martial. (a) Subject to section 192A.095 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except for officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the governor or the adjutant general may prescribe. (b) No person with respect to whom summary courts-martial have jurisdiction may object thereto. Summary courts-martial may, under such limitations as the governor or the adjutant general may prescribe, adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay. (c) Procedure for summary courts-martial shall conform to the procedure of Department of the Army Pamphlet 27-7 except for authorized punishments which shall conform to the limits prescribed by this code. Subd. 2.  [Repealed, 2013 c 78 s 25] Subd. 3.  [Repealed, 2013 c 78 s 25] History:  1963 c 661 s 192A.11; 1978 c 552 s 9; 1986 c 444; 2002 c 308 s 20,21; 2013 c 78 s 7
MN Stat § 192A.111 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.111 — Maximum Limits.

192A.111 MAXIMUM LIMITS. Subdivision 1. Punishment limits. The punishment that a court-martial may direct for an offense may not exceed limits prescribed by this code. Subd. 2. Level of offense. (a) Subject to paragraphs (b) and (c), all military offenses are misdemeanors, and a sentence of confinement must not exceed 90 days. (b) In cases where the civilian authorities decline to prosecute and court-martial jurisdiction is taken pursuant to sections 192A.02, subdivision 3, and 192A.605, the level of offense and punishment a court-martial is authorized is defined by the level of offense and punishments authorized under the statute for the assimilated crime. (c) For crimes under sections 192A.54, 192A.545, 192A.59, and 192A.595 with monetary loss of $1,000 or more, confinement must not exceed ten years. A sentence of confinement for more than one year is a felony offense. (d) Any conviction by a summary courts-martial is not a criminal conviction. (e) The limits of punishment for violations of the purely military offenses prescribed under this section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States, and the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. History:  1963 c 661 s 192A.30; 2002 c 308 s 70; 2013 c 78 s 8
MN Stat § 192A.115 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.

192A.115 GOVERNOR'S APPROVAL OF DISMISSAL OR DISHONORABLE DISCHARGE. In the state military forces not in federal active service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor. History:  1963 c 661 s 192A.115; 2002 c 308 s 22
MN Stat § 192A.12 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.12 — Procedural Requirements For Dishonorable Discharge, Bad Conduct Discharge, Or Dismissal.

192A.12 PROCEDURAL REQUIREMENTS FOR DISHONORABLE DISCHARGE, BAD CONDUCT DISCHARGE, OR DISMISSAL. A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made, qualified counsel has been detailed to represent the accused, and a military judge has presided over the trial. History:  1963 c 661 s 192A.12; 1978 c 552 s 10
MN Stat § 192A.13 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.13 — Who May Convene General Courts-martial.

192A.13 WHO MAY CONVENE GENERAL COURTS-MARTIAL. (a) In the state military forces not in federal active service, general courts-martial may be convened by: (1) the governor; or (2) the adjutant general. (b) The governor or the adjutant general may authorize in writing other general officers in command as additional general courts-martial convening authorities. The authorization terminates no later than the term of the adjutant general or governor making the authorization. (c) If a commanding officer or the adjutant general is an accuser, the court shall be convened by superior competent authority and may in any case be convened by a superior authority if considered desirable by that authority. History:  1963 c 661 s 192A.13; 1978 c 552 s 11; 2002 c 308 s 23; 2013 c 78 s 9
MN Stat § 192A.135 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.135 — Who May Convene Special Courts-martial.

192A.135 WHO MAY CONVENE SPECIAL COURTS-MARTIAL. In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority. History:  1963 c 661 s 192A.135; 2002 c 308 s 24
MN Stat § 192A.14 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.14 — Who May Convene Summary Courts-martial.

192A.14 WHO MAY CONVENE SUMMARY COURTS-MARTIAL. In the state military forces not in federal active service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a battalion, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of a military judge. Summary courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority. History:  1963 c 661 s 192A.14; 1978 c 552 s 12; 2002 c 308 s 25
MN Stat § 192A.15 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.15 — Military Judge System.

192A.15 MILITARY JUDGE SYSTEM. Subdivision 1. Establishment. There is hereby established a military judge system for the state military forces. The military judge system shall be in the Military Department under the command of the adjutant general. It shall consist of at least two military judges, a number of legal clerks equal to the number of judges and such additional military staff as is necessary. Subd. 2. Qualifications of military judge. A military judge shall be a commissioned officer of the state military forces who has been a member of the bar of this state for at least six years, who has served as a member of the Judge Advocate Generals Corps for not less than three years, and who is certified to be qualified for such duty by the state judge advocate. Subd. 3. Detail. A military judge must be detailed to all courts-martial and be designated by the adjutant general, or the adjutant general's designee, for detail by the convening authority. Subd. 4. Conflicts of interest. No person is eligible to act as a military judge in a case if that person is the accuser or a witness for the prosecution or has acted as investigating officer or counsel in the same case. Subd. 5. Limitations. The military judge of a general or special court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, if any, nor may the military judge vote with the members of the court. History:  1963 c 661 s 192A.15; 1978 c 552 s 15; 1986 c 444; 2002 c 308 s 26,27
MN Stat § 192A.155 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.

192A.155 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL. Subdivision 1. Who may be detailed. For each general, special, or summary court-martial or posttrial review the authority convening the court shall detail trial counsel and defense counsel, and such assistants as considered appropriate. No person who has acted as investigating officer, military judge, or court member may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. Subd. 1a. Right to counsel. The accused has the right to be represented before a general, special, and summary court-martial by military defense counsel or by civilian counsel if provided by the accused at the accused's own expense. Should the accused have personally selected civilian counsel, the military defense counsel, and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as associate defense counsel; otherwise they shall be excused by the military judge. Subd. 2. Qualifications of counsel. Trial counsel or defense counsel detailed for a general, special, or summary court-martial: (1) must be a person who is a member of the bar of the highest court of the state, or a member of the bar of a federal court; and (2) must be certified as competent to perform such duties by the state judge advocate. History:  1963 c 661 s 192A.155; 1978 c 552 s 16; 1986 c 444; 2002 c 308 s 28
MN Stat § 192A.16 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.

192A.16 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS. The convening authority of a general, special, or summary court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. The convening authority of a military court shall detail or employ certified interpreters, as necessary, who shall interpret for the court. History:  1963 c 661 s 192A.16; 1978 c 552 s 17; 2002 c 308 s 29
MN Stat § 192A.20 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.20 — Governor May Prescribe Rules.

192A.20 GOVERNOR MAY PRESCRIBE RULES. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor or the adjutant general by rules, which shall, so far as the governor or the adjutant general considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code. History:  1963 c 661 s 192A.20; 1985 c 248 s 70; 1986 c 444; 2013 c 78 s 10
MN Stat § 192A.235 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.235 — Statute Of Limitations.

192A.235 STATUTE OF LIMITATIONS. Subdivision 1. No limitation. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. Subd. 2.  [Repealed, 2002 c 308 s 71] Subd. 3. Three-year limitation. Except as otherwise provided in subdivision 1, and section 628.26, a person charged with any offense is not liable to be tried by court-martial or punished under section 192A.0851 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.0851. Subd. 4. Excluded periods. Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or 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. History:  1963 c 661 s 192A.235; 1986 c 444; 2002 c 308 s 31; 2013 c 78 s 11
MN Stat § 192A.24 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.24 — Former Jeopardy.

192A.24 FORMER JEOPARDY. Subdivision 1. General principle. No person may, without that person's consent, be tried a second time in any military court of the state for the same offense. Subd. 2. Finality of conviction. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. Subd. 3. Trial defined. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section. History:  1963 c 661 s 192A.24; 1986 c 444
MN Stat § 192A.25 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.

192A.25 OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE. Subdivision 1. Equal opportunity. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the governor may prescribe. Subd. 2. Powers of military judge. The military judge of a court-martial may: (1) 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; (2) issue subpoenas duces tecum and other subpoenas; (3) enforce by attachment the attendance of witnesses and the production of books and papers; and (4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state. Subd. 3. Service of process. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may be executed and served in any part of the state as prescribed by law. History:  1963 c 661 s 192A.25; 1978 c 552 s 29; 1979 c 50 s 21; 1985 c 248 s 70; 2002 c 308 s 32
MN Stat § 192A.255 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.255 — Refusal To Appear Or Testify.

192A.255 REFUSAL TO APPEAR OR TESTIFY. Any person not subject to this code who: (1) 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 court; (2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district court of the state; and (3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person has been legally subpoenaed to produce; is guilty of an offense against the state and a military court may punish that person in the same manner as the civil courts of the state. History:  1963 c 661 s 192A.255; 1983 c 247 s 81; 1986 c 444
MN Stat § 192A.26 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.26 — Contempts.

192A.26 CONTEMPTS. A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100 or both. History:  1963 c 661 s 192A.26
MN Stat § 192A.28 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.28 — Grounds For Conviction.

192A.28 GROUNDS FOR CONVICTION. Subdivision 1. Requirement. No person may be convicted of an offense except: (1) pursuant to a proper plea which has been duly accepted by the court; (2) pursuant to a finding of guilty by the trial judge in a summary court-martial or where the defense has properly waived a trial by members; or (3) by the concurrence of two-thirds of the members present at the time the vote is taken. Subd. 2.  [Repealed by amendment, 2002 c 308 s 33] Subd. 3.  [Repealed by amendment, 2002 c 308 s 33] History:  1963 c 661 s 192A.28; 1978 c 552 s 32; 2002 c 308 s 33
MN Stat § 192A.31 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.31 — Execution Of Confinement.

192A.31 EXECUTION OF CONFINEMENT. Subdivision 1. Location; conditions. 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 designated for that 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. Subd. 2.  [Repealed, 2002 c 308 s 71] Subd. 3. Receiving and confining persons. The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such persons as the governor may authorize to act under section 192A.065, 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, except as provided by law. History:  1963 c 661 s 192A.31; 1986 c 444; 2002 c 308 s 34
MN Stat § 192A.341 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.341 — Error Of Law; Lesser Included Offenses.

192A.341 ERROR OF LAW; LESSER INCLUDED OFFENSES. Subdivision 1. Error of law. 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. Subd. 2. Lesser offense. 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:   2013 c 78 s 12
MN Stat § 192A.351 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.351 — Withdrawal Of Appeal.

192A.351 WITHDRAWAL OF APPEAL. (a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law. (b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law. History:   2013 c 78 s 14
MN Stat § 192A.353 (2021)
2021 Minnesota Statutes|Chapters 190 - 195 — Military Affairs|Chapter 192A — Uniform Code Of Military Justice|Section 192A.353 — Appeal By State.

192A.353 APPEAL BY STATE. Subdivision 1. Appeal. (a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than 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 so long as it is not made in reconsideration: (1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification; (2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding; (3) an order or ruling that directs the disclosure of classified information; (4) an order or ruling that imposes sanctions for nondisclosure of classified information; (5) a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and (6) a refusal by the military judge to enforce an order described in clause (5) that has previously been issued by the appropriate authority. (b) 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. The 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. (c) An appeal under this section shall be diligently prosecuted as provided by law. Subd. 2. Appeal forwarded. An appeal under this section shall be forwarded to the court prescribed in section 192A.371. In ruling on an appeal under this section, that court may act only with respect to matters of law. Subd. 3. Delay of appeal. 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:   2013 c 78 s 15