reglab/housing_qa huggingface dataset:
SD Codified L § 33-10-192 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-192 - Matters considered at rehearing--Dismissal without rehearing.

33-10-192. Matters considered at rehearing--Dismissal without rehearing.A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence. Source: SL 2012, ch 175, §173.
SD Codified L § 33-10-193 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-193 - Withdrawal of appeal.

33-10-193. Withdrawal of appeal.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 such appeal. Such a withdrawal shall be signed by both the accused and the accused's defense counsel and shall be filed in accordance with appellate procedures as provided by law. Source: SL 2012, ch 175, §174.
SD Codified L § 33-10-194 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-194 - Time for withdrawal of appeal.

33-10-194. Time for withdrawal of appeal.The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law. Source: SL 2012, ch 175, §175.
SD Codified L § 33-10-195 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-195 - Appeal by the state.

33-10-195. Appeal by the state.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 which terminates the proceedings with respect to a charge or specification;(2)An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;(3)An order or ruling which directs the disclosure of classified information;(4)An order or ruling which 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; or(6)A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority. Source: SL 2012, ch 175, §176.
SD Codified L § 33-10-196 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-196 - Time for appeal by the state--Contents of notice of appeal.

33-10-196. Time for appeal by the state--Contents of notice of appeal.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 seventy-two 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. Source: SL 2012, ch 175, §177.
SD Codified L § 33-10-197 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-197 - Diligent prosecution of appeal.

33-10-197. Diligent prosecution of appeal.An appeal pursuant to §§33-10-195 and 33-10-196 shall be diligently prosecuted as provided by law. Source: SL 2012, ch 175, §178.
SD Codified L § 33-10-198 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-198 - State's appeal to Supreme Court limited to matters of law.

33-10-198. State's appeal to Supreme Court limited to matters of law.An appeal pursuant to §§33-10-195 and 33-10-196 shall be forwarded to the court prescribed in §33-10-209. In ruling on an appeal pursuant to §§33-10-195 and 33-10-196, that court may act only with respect to matters of law. Source: SL 2012, ch 175, §179.
SD Codified L § 33-10-199 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-199 - Consideration of delay concerning issue of speedy trial.

33-10-199. Consideration of delay concerning issue of speedy trial.Any period of delay resulting from an appeal pursuant to §§33-10-195 and 33-10-196 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. Source: SL 2012, ch 175, §180.
SD Codified L § 33-10-200 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-200 - Rehearings.

33-10-200. Rehearings.Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial that first heard the case. Upon a rehearing the accused may not be tried 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 approved, 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. Source: SL 2012, ch 175, §181.
SD Codified L § 33-10-201 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-201 - Review by senior force judge advocate.

33-10-201. Review by senior force judge advocate.Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state's senior force judge advocate. The state's senior force judge advocate may not review a case under this section if that person 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 state's senior force 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; and(3)If the case is sent for action pursuant to §33-10-202, 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. Source: SL 2012, ch 175, §182.
SD Codified L § 33-10-202 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-202 - Circumstances under which record to be sent to adjutant general for action.

33-10-202. Circumstances under which record to be sent to adjutant general for action.The record of trial and related documents in each case reviewed pursuant to §33-10-201 shall be sent for action to the adjutant general, if:(1)The judge advocate who reviewed the case recommends corrective action;(2)The sentence approved pursuant to §33-10-187 extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or(3)Such action is otherwise required by rules promulgated by the secretary of the Department of the Military pursuant to chapter 1-26. Source: SL 2012, ch 175, §183.
SD Codified L § 33-10-203 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-203 - Action by adjutant general.

33-10-203. Action by adjutant general.The adjutant general may:(1)Disapprove or approve the findings or sentence, in whole or in part;(2)Remit, commute, or suspend the sentence in whole or in part;(3)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(4)Dismiss the charges. Source: SL 2012, ch 175, §184.
SD Codified L § 33-10-204 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-204 - Dismissal when rehearing impracticable.

33-10-204. Dismissal when rehearing impracticable.If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges. Source: SL 2012, ch 175, §185.
SD Codified L § 33-10-205 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-205 - Action by the Governor.

33-10-205. Action by the Governor.If the opinion of the state's senior force judge advocate, in the state's senior force judge advocate's review pursuant to §33-10-201 is that corrective action is required as a matter of law and if the adjutant general 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 Governor for review and action as deemed appropriate. Source: SL 2012, ch 175, §186.
SD Codified L § 33-10-206 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-206 - Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.

33-10-206. Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.The state's senior force judge advocate may review any case in which there has been a finding of not guilty of all charges and specifications. The state's senior force judge advocate may not review a case under this section if that person 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 state's senior force judge advocate's review shall be limited to questions of subject matter jurisdiction. Source: SL 2012, ch 175, §187.
SD Codified L § 33-10-207 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-207 - Action by adjutant general regarding subject matter jurisdiction.

33-10-207. Action by adjutant general regarding subject matter jurisdiction.The record of trial and related documents in each case reviewed pursuant to §33-10-206 shall be sent for action to the adjutant general. The adjutant general may:(1)If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or(2)Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law. Source: SL 2012, ch 175, §188.
SD Codified L § 33-10-208 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-208 - Disposition of records.

33-10-208. Disposition of records.Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by rule and provided by law. Source: SL 2012, ch 175, §189.
SD Codified L § 33-10-209 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-209 - Review by Supreme Court.

33-10-209. Review by Supreme Court.Any decision of a court-martial may be appealed to the South Dakota Supreme Court. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases. Source: SL 2012, ch 175, §190.
SD Codified L § 33-10-210 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-210 - Appellate government counsel.

33-10-210. Appellate government counsel.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 pursuant to §33-10-209 and before any federal court when requested to do so by the state attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of the state to which the appeal is taken. Source: SL 2012, ch 175, §191.
SD Codified L § 33-10-211 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-211 - Right to counsel on appeal by state.

33-10-211. Right to counsel on appeal by state.Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court. Source: SL 2012, ch 175, §192.
SD Codified L § 33-10-212 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-212 - Right to counsel on appeal by accused.

33-10-212. Right to counsel on appeal by accused.Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority. Source: SL 2012, ch 175, §193.
SD Codified L § 33-10-213 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-213 - Appointment of judge advocate to represent accused.

33-10-213. Appointment of judge advocate to represent accused.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 §§33-10-211 and 33-10-212. Source: SL 2012, ch 175, §194.
SD Codified L § 33-10-214 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-214 - Representation by civilian appellate counsel.

33-10-214. Representation by civilian appellate counsel.An accused may be represented by civilian appellate counsel at no expense to the state. Source: SL 2012, ch 175, §195.
SD Codified L § 33-10-215 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-215 - Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.

33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn pursuant to §33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases if review is completed by an appellate court prescribed in §33-10-209, and is deemed final by the law of state where the judgment was had. Source: SL 2012, ch 175, §196.
SD Codified L § 33-10-216 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-216 - Execution of sentence when appeal waived or withdrawn.

33-10-216. Execution of sentence when appeal waived or withdrawn.If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to §33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to §33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to §33-10-187 when so approved under that section. Source: SL 2012, ch 175, §197.
SD Codified L § 33-10-217 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-217 - Probation violation--Hearing--Representation by counsel.

33-10-217. Probation violation--Hearing--Representation by counsel.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 an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires. Source: SL 2012, ch 175, §198.
SD Codified L § 33-10-218 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-218 - Vacation of suspension--Execution of sentence.

33-10-218. Vacation of suspension--Execution of sentence.The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code. Source: SL 2012, ch 175, §199.
SD Codified L § 33-10-219 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-219 - Authority to vacate suspension.

33-10-219. Authority to vacate suspension.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. Source: SL 2012, ch 175, §200.
SD Codified L § 33-10-220 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-220 - Petition for new trial.

33-10-220. Petition for new trial.At any time within two years after approval by the convening authority of a court-martial sentence the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. Source: SL 2012, ch 175, §201.
SD Codified L § 33-10-221 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-221 - Remission and suspension.

33-10-221. Remission and suspension.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 may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor. 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. Source: SL 2012, ch 175, §202.
SD Codified L § 33-10-222 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-222 - Restoration.

33-10-222. Restoration.Pursuant to rules as may be promulgated by the secretary of the Department of the Military pursuant to chapter 1-26, 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, shall 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. Source: SL 2012, ch 175, §203.
SD Codified L § 33-10-223 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-223 - Substitution for dishonorable or bad-conduct discharge.

33-10-223. Substitution for dishonorable or bad-conduct discharge.If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor may substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment. Source: SL 2012, ch 175, §204.
SD Codified L § 33-10-224 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-224 - Reappointment of commissioned officer.

33-10-224. Reappointment of commissioned officer.If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute 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 the officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances. Source: SL 2012, ch 175, §205.
SD Codified L § 33-10-225 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-225 - Finality of proceedings, findings, and sentences.

33-10-225. Finality of proceedings, findings, and sentences.The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in §33-10-220 and to action pursuant to §33-10-221. Source: SL 2012, ch 175, §206.