reglab/housing_qa huggingface dataset:
MD. Public Safety Code Ann. §  13A-716 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 7 - Trial Procedure|Section 13A-716 - Voting and Rulings

    (a)    (1)    Voting by members of a general or special court–martial on the findings and on the sentence shall be by secret written ballot.        (2)    The junior member of the court shall count the votes.        (3)    The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.    (b)    (1)    The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings.        (2)    (i)    Subject to subparagraph (ii) of this paragraph, any such ruling made by the military judge on any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court.            (ii)    The military judge may change the ruling at any time during the trial.        (3)    Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in § 13A–717 of this subtitle, beginning with the junior in rank.    (c)    Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge that:        (1)    the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond a reasonable doubt;        (2)    in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;        (3)    if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and        (4)    the burden of proof to establish the guilt of the accused beyond reasonable doubt is on the State.    (d)    (1)    Subsections (a), (b), and (c) of this section do not apply to a court–martial composed of a military judge only.        (2)    The military judge of a court–martial composed of a military judge only shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence.        (3)    The military judge of a court–martial composed of a military judge only shall make a general finding and shall in addition, on request, find the facts specially.        (4)    If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
MD. Public Safety Code Ann. §  13A-717 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 7 - Trial Procedure|Section 13A-717 - Number of Votes Required

    (a)    A person may not be convicted of an offense in a general or special court–martial, other than:        (1)    after a plea of guilty under § 13A–710 of this subtitle;        (2)    by a military judge in a court–martial with a military judge alone under § 13A–401 of this title; or        (3)    in a court–martial with members under § 13A–401 of this title, by the concurrence of at least three–fourths of the members present when the vote is taken.    (b)    (1)    Except as provided in subsection (a) of this section, subject to paragraph (2) of this subsection, all matters to be decided by members of a general or special court–martial shall be determined by a majority vote.        (2)    A reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote that indicates the reconsideration is not opposed by the number of votes required for that finding or sentence.
MD. Public Safety Code Ann. §  13A-718 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 7 - Trial Procedure|Section 13A-718 - Court to Announce Action

    (a)    A court–martial shall announce its findings and sentence to the parties as soon as determined.    (b)    (1)    Except as provided in paragraph (2) of this subsection, if the accused is convicted of an offense in a trial by general or special court–martial, the military judge shall sentence the accused.        (2)    If the accused is convicted of an offense by general or special court–martial consisting of a military judge and members and the accused elects sentencing by members under § 13A–504 of this title, the members shall sentence the accused.        (3)    The sentence determined under this subsection constitutes the sentence of the accused.    (c)    If the accused is convicted of an offense in a trial by summary court–martial, the court–martial shall sentence the accused.
MD. Public Safety Code Ann. §  13A-718.1 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 7 - Trial Procedure|Section 13A-718.1 - Plea Agreements

    (a)    (1)    At any time before the announcement of findings under § 13A–718 of this subtitle, the convening authority and the accused may enter into a plea agreement with respect to such matters as:            (i)    the manner in which the convening authority will dispose of one or more charges and specifications; and            (ii)    limitations on the sentence that may be adjudged for one or more charges and specifications.        (2)    The military judge of a general or special court–martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.    (b)    The military judge of a general or special court–martial shall reject a plea agreement that:        (1)    contains a provision that has not been accepted by both parties;        (2)    contains a provision that is not understood by the accused;        (3)    except as provided in subsection (c) of this section, contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in § 13A–802 of this title;        (4)    is prohibited by law; or        (5)    is contrary to, or is inconsistent with, a regulation prescribed by the president with respect to terms, conditions, or other aspects of plea agreements.    (c)    With respect to an offense referred to in § 13A–802 of this title:        (1)    the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and        (2)    on recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.    (d)    On acceptance by the military judge of a general or special court–martial, a plea agreement shall bind the parties and the court–martial.
MD. Public Safety Code Ann. §  13A-719 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 7 - Trial Procedure|Section 13A-719 - Record of Trial

    (a)    (1)    Each general and special court–martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge.        (2)    If the record cannot be authenticated by the military judge by reason of the judge’s death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of trial counsel’s death, disability, or absence.        (3)    In a court–martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection.    (b)    (1)    A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court–martial case resulting in a conviction.        (2)    In all other court–martial cases, the record shall contain such matters as may be prescribed by regulations.    (c)    Each summary court–martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations.    (d)    A copy of the record of the proceedings of each general and special court–martial shall be given to the accused as soon as it is authenticated.
MD. Public Safety Code Ann. §  13A-801 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-801 - Cruel and Unusual Punishments Prohibited

    (a)    Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court–martial or inflicted on any person subject to this title.    (b)    The use of irons, single or double, except for the purpose of safe custody, is prohibited.
MD. Public Safety Code Ann. §  13A-803 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-803 - Effective Date of Sentences

    (a)    (1)    Whenever a sentence of a court–martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.        (2)    A forfeiture may not extend to any pay or allowances accrued before the date specified in paragraph (1) of this subsection.    (b)    (1)    Subject to paragraph (2) of this subsection, any period of confinement included in a sentence of a court–martial begins to run from the date the sentence is adjudged by the court–martial.        (2)    Periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.    (c)    All other sentences of courts–martial are effective on the date ordered executed.
MD. Public Safety Code Ann. §  13A-804 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-804 - Deferment of Sentences

    (a)    (1)    On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service of the sentence to confinement.        (2)    The deferment shall terminate when the sentence is ordered executed.        (3)    The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned.    (b)    (1)    In a case in which a court–martial sentences an accused referred to in paragraph (2) of this subsection to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States, or a foreign country referred to in that paragraph.        (2)    Paragraph (1) of this subsection applies to a person subject to this title who:            (i)    while in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the State military forces for trial by court–martial; and            (ii)    after the court–martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.    (c)    In a case in which a court–martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under § 13A–908 of this title is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.
MD. Public Safety Code Ann. §  13A-805 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-805 - Execution of Confinement

    (a)    (1)    A sentence of confinement adjudged by a court–martial, 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 authorized by this title.        (2)    Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.    (b)    The omission of hard labor as a sentence authorized under this title does not deprive the state confinement facility from employing it if hard labor is otherwise within the authority of that facility to do so.    (c)    No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
MD. Public Safety Code Ann. §  13A-806 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-806 - Sentences: Reduction in Enlisted Grade on Approval

    (a)    A court–martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad–conduct discharge or confinement reduces that member to pay grade E–1, effective on the date of that approval.    (b)    If the sentence of a member who is reduced in pay grade under subsection (a) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a) of this section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
MD. Public Safety Code Ann. §  13A-807 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 8 - Sentences|Section 13A-807 - Sentences: Forfeiture of Pay and Allowances During Confinement

    (a)    (1)    A court–martial sentence described in paragraph (4) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole.        (2)    The forfeiture pursuant to this article shall take effect on the date determined under § 13A–803 of this subtitle and may be deferred as provided by that section.        (3)    The pay and allowances forfeited, in the case of a general court–martial, shall be all pay and allowances due that member during such period and, in the case of a special court–martial, shall be two–thirds of all pay due that member during such period.        (4)    A sentence covered by this subtitle is any sentence that includes:            (i)    confinement for more than 6 months; or            (ii)    confinement for 6 months or less and a dishonorable or bad–conduct discharge or dismissal.    (b)    (1)    In a case involving an accused who has dependents, the convening authority or other person acting under § 13A–902 of this title may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this section for a period not to exceed 6 months.        (2)    Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.    (c)    If the sentence of a member who forfeits pay and allowances under subsection (a) of this section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a) of this section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
MD. Public Safety Code Ann. §  13A-901 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial|Section 13A-901 - Error of Law; Lesser Included Offense

    (a)    A finding or sentence of a court–martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.    (b)    Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
MD. Public Safety Code Ann. §  13A-903 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial|Section 13A-903 - Waiver of Right to Appeal

    (a)    (1)    In each case subject to appellate review under this title, the accused may file with the convening authority a statement expressly waiving the right of the accused to such appeal.        (2)    Such a waiver shall be signed by both the accused and defense counsel for the accused and shall 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.
MD. Public Safety Code Ann. §  13A-904 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial|Section 13A-904 - Appeal by the State

    (a)    (1)    In a trial by general or special court–martial or in a pretrial proceeding under § 13A–601.1 of this title, the State may appeal the following:            (i)    an order or a ruling of the military judge that terminates the proceedings with respect to a charge or specification other than a finding of guilt;            (ii)    an order or a ruling that excludes evidence that is substantial proof of a fact material in the proceeding;            (iii)    an order or a ruling that directs the disclosure of classified information;            (iv)    an order or a ruling that imposes sanctions for nondisclosure of classified information;            (v)    a refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information;            (vi)    a refusal by the military judge to enforce an order described in subsection (e) of this section that has previously been issued by appropriate authority; and            (vii)    an order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.        (2)    (i)    1.    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.                2.    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 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.            (ii)    An appeal of an order or ruling may not be taken when prohibited by § 13A–709 of this title.        (3)    An appeal under this section shall be diligently prosecuted as provided by law.    (b)    (1)    An appeal under this section shall be forwarded to the court prescribed in § 13A–908 of this subtitle.        (2)    In ruling on an appeal under this section, that court may act only with respect to matters of law.    (c)    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.
MD. Public Safety Code Ann. §  13A-905 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial|Section 13A-905 - Rehearings

    (a)    (1)    Each rehearing under this title shall take place before a court–martial composed of members who are not members of the court–martial that first heard the case.        (2)    On 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 on a finding of guilty of an offense not considered on the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.        (3)    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 on 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.    (b)    If, after appeal by the Government under § 13A–802 of this title, the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Military Appeals or Court of Appeals of Maryland, the court–martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as The Adjutant General may prescribe by regulation.
MD. Public Safety Code Ann. §  13A-907 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial|Section 13A-907 - Disposition of Records After Review by the Convening Authority

    Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.