reglab/housing_qa huggingface dataset:
KS Stat § 48-2923 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2923 (KCMJ Art. 67) Review by Kansas court of appeals.

48-2923. (KCMJ Art. 67) Review by Kansas court of appeals. (a) The Kansas court of appeals shall review the record in:(1) All cases reviewed by a court of military review which the judge advocate general orders sent to the court of appeals for review; and(2) all cases reviewed by a court of military review in which, upon petition of the accused and on good cause shown, the court of appeals has granted a review.(b) The accused may petition the Kansas court of appeals for review of a decision of a court of military review within 60 days from the earlier of:(1) The date on which the accused is notified of the decision of the court of military review; or(2) the date on which a copy of the decision of the court of military review, after being served on appellate counsel of record for the accused, if any, is deposited in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the accused's official service record. The court of appeals shall act upon such a petition promptly in accordance with the rules of the court.(c) In any case reviewed by it, the Kansas court of appeals may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the court of military review. In a case which the judge advocate general orders sent to the court of appeals, that action need be taken only with respect to the issues raised by the judge advocate general. In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The court of appeals shall take action only with respect to matters of law.(d) If the Kansas court of appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.(e) After it has acted on a case, the Kansas court of appeals may direct the judge advocate general to return the record to the court of military review for further review in accordance with the decision of the court. Otherwise, unless there is to be further action by the governor, the judge advocate general shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.History: L. 1988, ch. 191, § 45; July 1.
KS Stat § 48-2924 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2924 (KCMJ Art. 69) Review in the office of the judge advocate general.

48-2924. (KCMJ Art. 69) Review in the office of the judge advocate general. (a) The record of trial in each general court-martial that is not otherwise reviewed under K.S.A. 48-2922 shall be examined in the office of the judge advocate general if there is a finding of guilty and the accused does not waive or withdraw the accused's right to appellate review under K.S.A. 48-2917. If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the judge advocate general may modify or set aside the findings or sentence or both. If the judge advocate general so directs, the record shall be reviewed by a court of military review under K.S.A. 48-2922, but in that event there may be no further review by the Kansas court of appeals except under subsection (b)(2) of K.S.A. 48-2923.(b) The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under K.S.A. 48-2922 may be modified or set aside, in whole or in part, by the judge advocate general on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the office of the judge advocate general by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under subsection (c) of K.S.A. 48-2916, unless the accused establishes good cause for failure to file within that time.(c) If the judge advocate general sets aside the findings or sentence, the judge advocate general may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the judge advocate general sets aside the findings and sentence and does not order a rehearing, the judge advocate general shall order that the charges be dismissed. If the judge advocate general orders a rehearing but the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.History: L. 1988, ch. 191, § 46; July 1.
KS Stat § 48-2925 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2925 (KCMJ Art. 70) Appellate counsel.

48-2925. (KCMJ Art. 70) Appellate counsel. (a) The judge advocate general shall detail in the judge advocate general's office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under subsection (b)(2) of K.S.A. 48-2905.(b) Appellate government counsel shall represent the state of Kansas before the court of military review or the Kansas court of appeals when directed to do so by the judge advocate general. Appellate government counsel may represent the state before the Kansas supreme court in cases arising under this chapter when requested to do so by the attorney general.(c) Appellate defense counsel shall represent the accused before the court of military review, the Kansas court of appeals or the Kansas supreme court:(1) When requested by the accused; or(2) when the state is represented by counsel.(d) The accused has the right to be represented before the court of military review, the Kansas court of appeals, or the Kansas supreme court by civilian counsel if provided by the accused and at the accused's own expense.(e) Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the judge advocate directs.History: L. 1988, ch. 191, § 47; July 1.
KS Stat § 48-2926 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2926 (KCMJ Art. 71) Execution of sentence; suspension of sentence.

48-2926. (KCMJ Art. 71) Execution of sentence; suspension of sentence. (a) If, in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the adjutant general. In such a case, the governor may commute, remit or suspend the sentence, or any part of the sentence, as the governor sees fit. In time of war or national emergency, the governor may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter.(b) (1) If a sentence 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, under K.S.A. 48-2917 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 and, with respect to dismissal, approval under subsection (a) as appropriate. A judgment as to legality of the proceedings is final in such cases when review is completed by a court of military review and:(A) The time for the accused to file a petition for review by the Kansas court of appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that court;(B) such a petition is rejected by the Kansas court of appeals; or(C) review is completed in accordance with the judgment of the Kansas court of appeals.(2) If a sentence 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, under K.S.A. 48-2917, that part of the sentence extending to dismissal or a bad-conduct or dishonorable discharge may not be executed until review of the case by a judge advocate, and any action on that review, under K.S.A. 48-2920 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 under K.S.A. 48-2916 when approved by such person under that section.(c) The convening authority or other person acting on the case under K.S.A. 48-2916 may suspend the execution of any sentence or part thereof.History: L. 1988, ch. 191, § 48; July 1.
KS Stat § 48-2927 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2927 (KCMJ Art. 72) Vacation of suspension.

48-2927. (KCMJ Art. 72) Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence which is 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 the probationer so desires.(b) 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 exercising such jurisdiction over the probationer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in subsection (b) of K.S.A. 48-2926. The vacation of the suspension of a dismissal is not effective until approved by the adjutant general.(c) 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.History: L. 1988, ch. 191, § 49; July 1.
KS Stat § 48-2928 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2928 (KCMJ Art. 73) Petition for new trial.

48-2928. (KCMJ Art. 73) 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 judge advocate general for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a court of military review or before the Kansas court of appeals, the judge advocate general shall refer the petition to the appropriate court for action. Otherwise the judge advocate general shall act upon the petition.History: L. 1988, ch. 191, § 50; July 1.
KS Stat § 48-2929 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2929 (KCMJ Art. 74) Remission and suspension.

48-2929. (KCMJ Art. 74) Remission and suspension. (a) The adjutant general or commanding officer 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.(b) The adjutant general 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.History: L. 1988, ch. 191, § 51; July 1.
KS Stat § 48-2930 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2930 (KCMJ Art. 75) Restoration.

48-2930. (KCMJ Art. 75) Restoration. (a) Under such regulations as the governor may prescribe, 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.(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of this enlistment.(c) If a previously executed sentence of dismissal is not imposed on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by the 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 such former 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.History: L. 1988, ch. 191, § 52; July 1.
KS Stat § 48-2931 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2931 (KCMJ Art. 76) Finality of proceedings, findings and sentences.

48-2931. (KCMJ Art. 76) Finality of proceedings, findings and sentences. The appellate review of records of trial provided by this chapter, the proceedings, findings and sentence of courts-martial as approved, reviewed or affirmed as required by this code, and all dismissals and discharges carried into execution under sentence 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 state military force, subject only to action upon a petition for a new trial as provided in K.S.A. 48-2928 and to action by the adjutant general as provided in K.S.A. 48-2929, and the authority of the governor.History: L. 1988, ch. 191, § 53; July 1.
KS Stat § 48-2932 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 29 - Code Of Military Justice; Review Of Courts-martial|48-2932 (KCMJ Art. 76a) Leave required to be taken pending review of certain court-martial convictions.

48-2932. (KCMJ Art. 76a) Leave required to be taken pending review of certain court-martial convictions. Under regulations prescribed by the governor, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence, as approved under K.S.A. 48-2916 includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under K.S.A. 48-2916 or at any time after such date, and such leave may be continued until the date which action under this section is completed or may be terminated at any earlier time.History: L. 1988, ch. 191, § 54; July 1.
KS Stat § 48-3001 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3001 Persons to be tried or punished.

48-3001. Persons to be tried or punished. No person may be tried or punished for any offense provided for in K.S.A. 48-3002 to 48-3044, inclusive, unless it was committed while the person was in a duty or technician status.History: L. 1972, ch. 203, § 48-3001; July 1.
KS Stat § 48-3002 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3002 Principals.

48-3002. Principals. 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 the person would be punishable by this code; is a principal.History: L. 1972, ch. 203, § 48-3002; July 1.
KS Stat § 48-3003 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3003 Accessory after the fact.

48-3003. Accessory after the 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 the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3003; July 1.
KS Stat § 48-3004 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3004 Conviction of lesser included offense.

48-3004. 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.History: L. 1972, ch. 203, § 48-3004; July 1.
KS Stat § 48-3005 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3005 Attempts.

48-3005. Attempts. (a) 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.(b) 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.(c) 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.History: L. 1972, ch. 203, § 48-3005; July 1.
KS Stat § 48-3006 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3006 Conspiracy.

48-3006. 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.History: L. 1972, ch. 203, § 48-3006; July 1.
KS Stat § 48-3007 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3007 Solicitation.

48-3007. Solicitation. (a) Any person subject to this code who solicits or advises another or others to desert in violation of K.S.A. 48-3010 or mutiny in violation of K.S.A. 48-3019 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, the person shall be punished as a court-martial may direct.(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before a hostile force in violation of K.S.A. 48-3024 or sedition in violation of K.S.A. 48-3019 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, the person shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3007; July 1.
KS Stat § 48-3008 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3008 Fraudulent enlistment, appointment or separation.

48-3008. Fraudulent enlistment, appointment or separation. Any person who:(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or(2) procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation; shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3008; July 1.
KS Stat § 48-3009 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3009 Unlawful enlistment, appointment, or separation.

48-3009. Unlawful enlistment, appointment, or separation. Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3009; July 1.
KS Stat § 48-3010 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3010 Desertion.

48-3010. Desertion. (a) Any member of the state military forces who:(1) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently;(2) quits his or her unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or(3) without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact is guilty of desertion.(b) Any commissioned officer of the state military forces who, after tender of resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3010; July 1.
KS Stat § 48-3011 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 30 - Code Of Military Justice; Punitive Sections|48-3011 Absence without leave.

48-3011. Absence without leave. Any person subject to this code who, without authority:(1) Fails to go to the person's appointed place of duty at the time prescribed;(2) goes from that place; or(3) absents himself or herself or remains absent from the person's unit, organization, or place of duty at which he or she is required to be at the time prescribed; shall be punished as a court-martial may direct.History: L. 1972, ch. 203, § 48-3011; July 1.