reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-703 - Duties of Trial Counsel and Defense Counsel

(a)    The trial counsel of a general or special court–martial shall:
(1)    be a member in good standing of the State bar;
(2)    prosecute in the name of the State; and
(3)    under the direction of the court, prepare the record of the proceedings.
(b)    (1)    The accused has the right to be represented in defense before a general or special court–martial or at an investigation under § 13A–603 of this title as provided in this subsection.
(2)    The accused may be represented by civilian counsel at the provision and expense of the accused.
(3)    The accused may be represented by military counsel:
(i)    detailed under § 13A–506 of this title; or
(ii)    of the accused’s own selection if that counsel is reasonably available as determined under paragraph (7) of this subsection.
(4)    If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel unless excused at the request of the accused.
(5)    Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, any military counsel detailed under paragraph (3)(i) of this subsection shall be excused.
(6)    (i)    Subject to subparagraph (ii) of this paragraph, the accused is not entitled to be represented by more than one military counsel.
(ii)    The person authorized under regulations adopted under § 13A–506 of this title to detail counsel, in that person’s sole discretion:
1.    may detail additional military counsel as assistant defense counsel; and
2.    if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, may approve a request from the accused that military counsel detailed under paragraph (3)(i) of this subsection act as associate defense counsel.
(7)    The senior force judge advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.
(c)    In any court–martial proceeding resulting in a conviction, the defense counsel:
(1)    may forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record that counsel considers appropriate;
(2)    may assist the accused in the submission of any matter under § 13A–902 of this title; and
(3)    may take other action authorized by this title.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-704 - Sessions

(a)    At any time after the service of charges that have been referred for trial to a court–martial composed of a military judge and members, the military judge may, subject § 13A–606 of this title, call the court into session without the presence of the members for the purpose of:
(1)    hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;
(2)    hearing and ruling on any matter that may be ruled on by the military judge under this title, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3)    holding the arraignment and receiving the pleas of the accused;
(4)    conducting a sentencing proceeding and sentencing the accused under § 13A–718 of this subtitle; and
(5)    performing any other procedural function that does not require the presence of the members of the court under this title.
(b)    Proceedings conducted under subsection (a) of this section:
(1)    shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record; and
(2)    may be conducted notwithstanding the number of court members and without regard to § 13A–508 of this title.
(c)    (1)    When the members of a court–martial deliberate or vote, only the members may be present.
(2)    All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-706 - Challenges

(a)    (1)    (i)    The military judge and members of a general or special court–martial may be challenged by the accused or the trial counsel for cause stated to the court.
(ii)    The military judge shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time.
(iii)    Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, if exercise of a challenge for cause reduces the court below the number of members required by § 13A–401 of this title, all parties shall, notwithstanding § 13A–508 of this title, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court.
(ii)    Peremptory challenges may not be exercised at that time.
(b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court.
(ii)    The military judge may not be challenged except for cause.
(2)    If exercise of a peremptory challenge reduces the court below the number of members required by § 13A–401 of this title, the parties shall, notwithstanding § 13A–508 of this title, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.
(3)    Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-707 - Oaths or Affirmations

(a)    (1)    Before performing their respective duties, military judges, general and special courts–martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(2)    The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law.
(3)    The regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b)    Each witness before a court–martial shall be examined under oath or affirmation.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-708 - Statute of Limitations

(a)    A person charged with absence without leave or missing movement in time of war, murder, rape or sexual assault, or rape or sexual assault of a child may be punished at any time without limitation.
(b)    Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by court–martial or punished under § 13A–301 of this title if the offense was committed more than 5 years before:
(1)    the receipt of sworn charges and specifications by an officer exercising court–martial jurisdiction over the command; or
(2)    the imposition of punishment under § 13A–301 of this title.
(c)    Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section.
(d)    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.
(e)    (1)    If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) of this subsection are met.
(2)    The conditions referred to in paragraph (1) of this subsection are that the new charges and specifications must:
(i)    be received by an officer exercising summary court–martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and
(ii)    allege the same acts or omissions that were alleged or included in the dismissed charges or specifications.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-709 - Former Jeopardy

(a)    A person may not, without the consent of the person, be tried a second time for the same offense.
(b)    A proceeding in which an accused has been found guilty by a court–martial on any charge or specification is not 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.
(c)    (1)    A court–martial with a military judge alone is a trial in the sense of this section if, without fault of the accused, after introduction of evidence and before announcement of findings under § 13A–718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
(2)    A court–martial with a military judge and members is a trial in the sense of this article if, without fault of the accused, after the members, having taken an oath as members under § 13A–707 of this subtitle and after completion of challenges under § 13A–706 of this subtitle, are impaneled, and before announcement of findings under § 13A–718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-710 - Pleas of the Accused

(a)    If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(b)    (1)    With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court–martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote.
(2)    This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
(c)    A variance from the requirements of this section is harmless error if the variance does not materially prejudice the substantial rights of the accused.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-712 - Refusal to Appear or Testify

A person not subject to this title may be punished by a State court of competent jurisdiction if the person:
(1)    has been duly subpoenaed to appear as a witness or to produce books and records before a court–martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
(2)    has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal 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 may have been legally subpoenaed to produce.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-713 - Contempt

(a)    A military judge or summary court–martial officer may punish for contempt a person who uses any menacing word, sign, or gesture in the judge’s or officer’s presence, or who disturbs the proceedings by riot or disorder.
(b)    A person subject to this title may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both.
(c)    A person not subject to this title may be punished by a State court of competent jurisdiction at the request of the military judge.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-714 - Depositions

(a)    At any time after charges have been signed as provided in § 13A–601 of this title, any party may take oral or written depositions unless the military judge or summary court–martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court–martial for the trial of those charges forbids it for good cause.
(b)    The party at whose insistence a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c)    Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.
(d)    A duly authenticated deposition taken on reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears:
(1)    that the witness resides or is beyond the State in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing;
(2)    that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(3)    that the present whereabouts of the witness are unknown.
(e)    (1)    Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under § 13A–506 of this title.
(2)    The accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in § 13A–703 of this subtitle.
(f)    A deposition order under subsection (a) of this section does not control the admissibility of the deposition in a court–martial or other proceeding under this title.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-715 - Admissibility of Records of Courts of Inquiry

(a)    (1)    Subject to paragraphs (2) and (3) of this subsection, in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court–martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(2)    Testimony described in paragraph (1) of this subsection may be read in evidence:
(i)    by the defense in cases extending to the dismissal of a commissioned officer; and
(ii)    before a court of inquiry.
(b)    Sworn testimony that is recorded by audiotape, videotape, or similar method and is contained in the duly authenticated record of proceedings of a court of inquiry is admissible before a court–martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-715.1 - Defense of Lack of Mental Responsibility

(a)    (1)    It is an affirmative defense in a trial by court–martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts.
(2)    Mental disease or defect does not otherwise constitute a defense.
(b)    Procedures for the defense of lack of mental responsibility will be governed by the rules of use of courts–martial to the extent they do not conflict with State substantive law.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-908 - Review by Court of Military Appeals; Appointment, Powers, Practices, and Procedures

(a)    (1)    Decisions of a court–martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals.
(2)    The Court of Military Appeals shall follow the federal Manual for Courts–Martial and procedures as provided by the court of criminal appeals for the service of the defendant.
(3)    The court shall have three judges present to convene.
(4)    The Chief Judge may convene the court and may appoint alternates.
(5)    The court has the authority to adopt a seal.
(b)    (1)    The Governor shall:
(i)    appoint up to 10 judges, but at least three, to the court for 5–year terms; and
(ii)    appoint one judge as Chief Judge.
(2)    Judges are not limited to one term.
(3)    Judges should have demonstrated experience in military law and be a member of the Maryland Bar.
(c)    The Court of Military Appeals shall have power over:
(1)    the issuance of extraordinary writs relative to all matters arising under:
(i)    the provisions of this title;
(ii)    the Uniform Code of Military Justice;
(iii)    any regulation issued by the Governor pertaining to members of the Maryland organized militia; and
(iv)    court–martial actions pending before any military judge of the Maryland Military Department;
(2)    adjudicating appeals by victims as described in § 13A–105 of this title; and
(3)    adjudicating appeals of sentences of a court–martial that have been approved by the convening authority, which may include:
(i)    dismissal, in the case of a commissioned or warrant officer;
(ii)    dishonorable discharge, in the case of an enlisted person;
(iii)    bad–conduct discharge, in the case of an enlisted person;
(iv)    forfeiture of all pay and allowances; and
(v)    any confinement.
(d)    (1)    An appellant must petition the court for review, which is a right on request.
(2)    There is no automatic review of sentence.
(3)    An appellant may waive the right to review.
(e)    The Maryland National Guard State Judge Advocate shall:
(1)    provide a full–time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and
(2)    provide administrative support for appellate judges, as required.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-909 - Appellate Counsel

(a)    (1)    The senior force judge advocate shall detail a judge advocate as appellate Government counsel to represent the State in the review or appeal of cases specified in § 13A–908 of this subtitle and before any federal court when requested to do so by the State Attorney General.
(2)    Appellate Government counsel must be a member in good standing of the bar of the highest court of the State to which the appeal is taken.
(b)    On 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.
(c)    On the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(d)    On the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this section.
(e)    An accused may be represented by civilian appellate counsel at no expense to the State.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-910 - Vacation of Suspension

(a)    (1)    Before the vacation of the suspension of a special court–martial sentence, which as approved includes a bad–conduct discharge, or of any general court–martial sentence, the officer having special court–martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation.
(2)    The Staff Judge Advocate may detail a judge advocate, who is certified under § 13A–506 of this title, to conduct the hearing.
(3)    The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b)    (1)    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.
(2)    If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this title.
(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.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-911 - Petition for a New Trial

At any time within 2 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.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-912 - Remission and Suspension

(a)    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.
(b)    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.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-913 - Restoration

(a)    Under such regulations as may be prescribed, 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 on 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 Governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused’s enlistment.
(c)    (1)    If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the former officer not been dismissed.
(2)    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.
(3)    All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial › Section 13A-914 - Finality of Proceedings, Findings, and Sentences

(a)    The appellate review of records of trial provided by this title, the proceedings, findings, and sentences of courts–martial as approved, reviewed, or affirmed as required by this title, and all dismissals and discharges carried into execution under sentences by courts–martial following approval, review, or affirmation as required by this title, are final and conclusive.
(b)    Orders publishing the proceedings of courts–martial and all action taken pursuant to those proceedings are binding on all departments, courts, agencies, and officers of the United States and the several states, subject only to action on a petition for a new trial as provided in § 13A–911 of this subtitle and to action under § 13A–912 of this subtitle.