reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:139. Article 39. Sessions

RS 29:139 - Article 39. Sessions
A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Article 35 of this Code, call the court into session without the presence of the members for the purpose of:
(1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(2) Hearing and ruling upon any matter which may be ruled upon by the military judge under this Code, 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; and
(5) Performing any other procedural function which may be performed by the military judge under this Code or under rules prescribed pursuant to Article 36 of this Code and which does not require the presence of the members of the court.
B. Proceedings under Subsection A of this Article 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to Article 29 of this Code. If authorized by procedures and regulations specified in Article 36 of this Code, and if at least one defense counsel is physically in the presence of the accused, the presence required by this Subsection may otherwise be established by audiovisual technology, such as video teleconferencing technology.
C. When the members of a court-martial deliberate or vote, only the members may be present. 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.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:140. Article 40. Continuances

RS 29:140 - Article 40. Continuances
The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:141. Article 41. Challenges

RS 29:141 - Article 41. Challenges
A.(1) The military judge and the members of a general court-martial may be challenged by the accused or the trial counsel for cause stated to the court. 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. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court below the number of members required by Article 16 of this Code, all parties shall, notwithstanding Article 29 of this Code, 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. However, peremptory challenges shall not be exercised at that time.
B.(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. 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 Article 16 of this Code, the parties shall, notwithstanding Article 29 of this Code, 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.
C. 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.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:142. Article 42. Oaths

RS 29:142 - Article 42. Oaths
A. Before performing their respective duties, military judges, members of a general and special court-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in procedures and regulations prescribed in Article 36 of this Code. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel or assistant defense counsel may be taken at any time by any judge advocate or legal officer, or other person certified to be qualified or competent for the duty, and if such an oath 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 on oath.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:144. Article 44. Former jeopardy

RS 29:144 - Article 44. Former jeopardy
A. No person may, without his consent, be tried a second time for the same offense.
B. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this Section until the finding of guilty has become final after review of the case has been fully completed.
C. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this Section.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:145. Article 45. Pleas of the accused

RS 29:145 - Article 45. Pleas of the accused
A. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
B. 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, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the 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 Article is harmless error if the variance does not materially prejudice the substantial rights of the accused.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:146. Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial

RS 29:146 - Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial
A. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations prescribed in accordance with Article 36 of this Code.
B. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which civil courts of this state having criminal jurisdiction may lawfully issue and shall run to any part of the state and may be executed by civil officers of this state.
C. A subpoena or other process may be issued to compel a witness to appear and testify:
(1) Before a court-martial or court of inquiry;
(2) At a deposition under Article 49 of this Code; or
(3) As otherwise authorized under this Code.
D.(1) A subpoena or other process may be issued to compel the production of evidence:
(a) For a court-martial or court of inquiry;
(b) For a deposition under Article 49 of this Code;
(c) For an investigation of an offense under this Code; or
(d) As otherwise authorized under this Code.
(2) An investigative subpoena under Subparagraph (1)(c) of this Subsection may be issued before referral of charges to a court-martial only if a general court-martial convening authority has authorized counsel for the government to issue such a subpoena or a military judge issues such a subpoena pursuant to Article 30a of this Code.
(3) With respect to an investigation of an offense under this Code, a military judge detailed in accordance with Article 26 or 30a of this Code, may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of this state, subject to rules prescribed under Article 36 of this Code.
E. If a person requests relief from a subpoena or other process under this Article on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with Article 26 or 30a of this Code shall review the request and shall:
(1) Order that the subpoena or other process be modified or withdrawn, as appropriate; or
(2) Order the person to comply with the subpoena or other process.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:147. Article 47. Refusal to appear or testify

RS 29:147 - Article 47. Refusal to appear or testify
A.(1) Any person described in Paragraph (2) of this Subsection who:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the state; and
(c) 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;
(d) Is guilty of an offense against the state.
(2) For purposes of this Article, "person" shall mean the following:
(a) Any person not subject to this Chapter who:
(i) Is issued a subpoena or other process described in Article 46(C) of this Code; and
(ii) Is provided a means for reimbursement from the government for fees and mileage at the rate allowed to witnesses attending the district courts of this state or, in the case of extraordinary hardship, is advanced such fees and mileage.
(b) Any person not subject to this Code who is issued a subpoena or other process described in Article 46(D) of this Code.
B. Any person who commits an offense named in Subsection A of this Article shall be tried on information in a state district court and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.
C. The district attorney shall, upon the certification of the facts to him by the military court, file a bill of information against and prosecute any person violating this Article.
D. The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:148. Article 48. Contempts

RS 29:148 - Article 48. Contempts
A. A military judge of a special or general court-martial has the duty to require that court-martial proceedings shall be conducted with dignity and in an orderly and expeditious manner and to control the proceedings so that justice is done. A military judge may hold contempt hearings at any time during or after the completion of a court-martial. As such, the military judge of a special or general court-martial shall have the same powers as that of a judge for a state district court for punishments of contempt of court as provided for in the Code of Criminal Procedure.
B. A court-martial, provost court, or military commission may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.
C. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
Acts 1974, No. 621, §1; Acts 2009, No. 169, §1, eff. June 26, 2009.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:149. Article 49. Depositions

RS 29:149 - Article 49. Depositions
A.(1) A convening authority or a military judge may order depositions at the request of any party. A deposition may be ordered only if the requesting party demonstrates that, due to exceptional circumstances, it is in the best interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, court of inquiry, or other military court or board.
(2) A party who requests a deposition under this Article shall give to every other party reasonable notice of the time and place for the deposition. A deposition under this Article shall be taken before, and authenticated by, an impartial officer, as follows:
(a) Whenever practicable, by an impartial judge advocate certified under Article 27(B) of this Code.
(b) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by the laws of the United States or the state of Louisiana.
B. 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 Article 27 of this Code. In addition, 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 Article 38(B) of this Code.
C. A deposition order under Subsection A of this Article does not control the admissibility of the deposition in the court-martial or other proceeding under this Code.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:150. Article 50. Admissibility of sworn testimony from records of courts of inquiry

RS 29:150 - Article 50. Admissibility of sworn testimony from records of courts of inquiry
A. 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 mandated by Article 36 of this Code, 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.
B. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
C. Such testimony may also be read in evidence before a court of inquiry or a military board.
D. Sworn testimony that:
(1) Is recorded by audiotape, videotape, or similar method; and
(2) Is contained in the duly authenticated record of proceedings of a court of inquiry; and
(3) Is admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under Subsection A, B, or C of this Article.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:151. Article 51. Voting and rulings

RS 29:151 - Article 51. Voting and rulings
A. Voting by members of a general court-martial on the findings and on the sentence, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
B. The military judge shall rule upon all questions of law and all interlocutory questions, arising during the proceedings. Any such ruling made by the military judge upon 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. However, the military judge may change his ruling at any time during the trial.
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 them:
(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(2) that 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 he must be acquitted;
(3) that, 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) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
D. Subsections A, B and C of this Section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:152. Article 52. Number of votes required

RS 29:152 - Article 52. Number of votes required
A. No person may be convicted of an offense, except as provided in Article 45(B) or by the concurrence of two-thirds of the members present at the time the vote is taken.
B. All other questions to be decided by the members of a general court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:153. Article 53. Findings and sentencing

RS 29:153 - Article 53. Findings and sentencing
A. Announcement. A court-martial shall announce its findings and sentence to the parties as soon as determined.
B. Sentencing generally.
(1) General and special court-martial
(a) Sentencing by military judge. Except as provided in Subparagraph (b) of this Paragraph, if the accused is convicted of an offense in a trial, the military judge shall sentence the accused.
(b) Sentencing by members. 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 Article 25 of this Code, the members shall sentence the accused.
(c) Sentence of the accused. The sentence determined pursuant to this Paragraph constitutes the sentence of the accused.
(2) Summary courts-martial. If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:153a. Article 53a. Plea agreements

RS 29:153a - Article 53a. Plea agreements
A.(1) At any time before the announcement of findings under Article 53 of this Code, the convening authority and the accused may enter into a plea agreement with respect to such matters as:
(a) The manner in which the convening authority will depose of one or more charges and specifications; and
(b) 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) Is prohibited by law; or
(4) Is contrary to, or is inconsistent with, rules promulgated by Article 36 of this Code with respect to terms, conditions, or other aspects of plea agreements.
C. Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.
Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:154. Article 54. Record of trial

RS 29:154 - Article 54. Record of trial
A. Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court reporter, except that in the case of death, disability, or absence of the court reporter, the record shall be certified by an official selected under rules prescribed under Article 36 of this Code.
B. Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be certified in the manner required by rules prescribed under Article 36 of this Code.
C.(1) Except as provided in Paragraph (2) of this Subsection, the record shall contain such matters as required by rules prescribed under Article 36 of this Code.
(2) In accordance with rules prescribed under Article 36 of this Code, a complete record or proceedings and testimony shall be prepared in any case of a sentence of dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
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 certified.
E. In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:155. Article 55. Cruel and unusual punishments prohibited

RS 29:155 - Article 55. Cruel and unusual punishments prohibited
Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:156. Article 56. Maximum limits

RS 29:156 - Article 56. Maximum limits
The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. Under such regulations as the governor may prescribe, limitations may be placed upon the kind and amount of punishment authorized for each offense.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:157. Article 57. Effective date of sentences

RS 29:157 - Article 57. Effective date of sentences
A. 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 or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
B. The effective date of a sentence to confinement shall be as set forth in regulations prescribed by the governor.
C. All other sentences of courts-martial are effective on the date ordered executed.
D. 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 his jurisdiction, the person exercising general court-martial jurisdiction, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the person exercising general court-martial jurisdiction.
Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:158. Article 58. Execution of confinement

RS 29:158 - Article 58. Execution of confinement
A. Under such instructions as the governor may prescribe, 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 of confinement under the control of any of the armed forces of this state or in any penal or correctional institution under the control of this state, or which this state may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of this state.
B. No confinement ordered by a court-martial shall be at hard labor.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:158A. Article 58a. Sentences; reduction in enlisted grade upon approval

RS 29:158A - Article 58a. Sentences; reduction in enlisted grade upon approval
A. Unless otherwise provided in regulations to be prescribed by the governor, 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 discharge or bad conduct discharge 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 he was deprived because of that reduction shall be restored to him and he shall be entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
Acts 1974, No. 621, §1. Acts 1984, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:158B. Article 58b. Enforcement of fines

RS 29:158B - Article 58b. Enforcement of fines
When a sentence, including a fine, or a finally approved adjudication of pecuniary liability under a report of survey has been ordered executed, the collection of the fine or the adjudication of pecuniary liability may be made executory and enforced by the attorney general in the district in which the court martial was held or in the parish of residence of the accused or person against whom the pecuniary charge was raised in the same manner as a money judgment in a civil case or by the withholding of any funds due the accused from the state or any of its agencies in accordance with regulations prescribed by the governor. To the extent not prohibited by federal laws, or regulations, a fine may be enforced by withholding federal funds due the accused.
Added by Acts 1975, No. 577, §1; Amended by Acts 1979, No. 717, §1; Acts 1987, No. 888, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:159. Article 59. Error of law; lesser included offense

RS 29:159 - Article 59. 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.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:160. Article 60. Initial action on the record

RS 29:160 - Article 60. Initial action on the record
After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the person exercising general court-martial jurisdiction.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:161. Article 61. Same; general court-martial records

RS 29:161 - Article 61. Same; general court-martial records
The convening authority shall refer the record of each general court-martial to the state judge advocate, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the convening authority.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:162. Article 62. Reconsideration and revision

RS 29:162 - Article 62. Reconsideration and revision
A. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
B. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(1) for reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(2) for reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some Section of this code; or
(3) for increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:163. Article 63. Rehearings

RS 29:163 - Article 63. Rehearings
A. If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
B. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:164. Article 64. Approval by the convening authority

RS 29:164 - Article 64. Approval by the convening authority
In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:165. Article 65. Disposition of records after review by the convening authority

RS 29:165 - Article 65. Disposition of records after review by the convening authority
A. When the governor is the convening authority, the adjutant general shall send the entire record, including the opinion or opinions of the state judge advocate, to the governor.
B. If the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the record shall be sent to the person exercising general court-martial jurisdiction. If the sentence as approved by the person exercising general court-martial jurisdiction includes a bad conduct discharge, whether or not suspended, the record shall be sent to the governor.
C. All other special and summary court-martial records shall be reviewed by the staff judge advocate or legal officer of the appropriate component of the state military forces, and shall be transmitted and disposed of under such regulations as the governor may prescribe.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:166. Article 66. Appeal

RS 29:166 - Article 66. Appeal
A. The First Circuit Court of Appeal shall have appellate jurisdiction over appeal of all courts-martial tried under this code, excluding summary courts-martial.
B. The state cannot appeal a verdict of acquittal. The state may petition by filing a supervisory writ within thirty days of the following adverse judgments or rulings:
(1) A motion to dismiss any or all charges.
(2) A plea of time limitation.
(3) A plea of former jeopardy.
C. Appeals by the accused. (1) After review provided for by this code has been completed and the accused is provided with notice of final action by the convening authority, the accused shall have sixty days in which to file a notice of appeal with the military judge and convening authority.
(2) The trial counsel shall prepare the record to be certified by the military judge. The trial counsel shall lodge the record certified by the military judge with the First Circuit Court of Appeal.
(3) The accused shall file an appeal brief within thirty days of lodging of the record.
(4) The state shall file its appeal brief within thirty days of the date that the accused files his appeal brief.
(5) The accused may file a reply brief within twenty days of the date the state files its appeal brief.
D. Action by the Court of Appeal. (1) The First Circuit Court of Appeal shall issue a ruling within one hundred eighty days of the filing of the supervisory writ by the state or within one hundred eighty days of the filing of the state's brief in response to an appeal by an accused.
(2) The First Circuit Court of Appeal may, in its discretion, set for oral argument either an appeal by the accused or a supervisory writ application by the state.
(3) The Uniform Rules of the Courts of Appeal shall apply to the extent possible.
(4) If the First Circuit Court of Appeal 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 the court sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(5) After the court has acted on the case, the record shall be returned to the trial counsel who prepared the record, who shall notify the state judge advocate and the convening authority of the court's decision. If the court sets aside all or part of the findings and sentence, the convening authority shall take additional action in accordance with the court's decision. If the court has ordered a rehearing, but the convening authority finds a rehearing to be impracticable, he may dismiss the charges.
Acts 1974, No. 621, §1; Acts 1986, No. 418, §1; Acts 1988, No. 183, §1, eff. July 1, 1988; Acts 1997, No. 1405, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:170. Article 70. Appellate counsel

RS 29:170 - Article 70. Appellate counsel
The accused shall have the right to appointed military defense counsel as appellate counsel. The state shall be represented by the trial counsel or his designee.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:171. Article 71. Execution of sentence; suspension of sentence

RS 29:171 - Article 71. Execution of sentence; suspension of sentence
All court-martial sentences, unless suspended or deferred, may be ordered executed by the convening authority when approved by him. The military judge, summary court officer, or the convening authority may suspend the execution of any sentence.
Acts 1974, No. 621, §1. Acts 1984, No. 503, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:172. Article 72. Vacation of suspension

RS 29:172 - Article 72. Vacation of suspension
A. 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 the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he 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 person exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence shall be executed, subject to applicable restrictions in R.S. 29:171(A).
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.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:173. Article 73. Petition for a new trial

RS 29:173 - Article 73. Petition for a new trial
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial on the grounds of newly discovered evidence or fraud on the court. The convening authority, after advice from the state judge advocate shall act upon the petition.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:174. Article 74. Remission and suspension

RS 29:174 - Article 74. Remission and suspension
A. The convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
B. The convening authority 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.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:175. Article 75. Restoration

RS 29:175 - Article 75. Restoration
A. Under such regulations as the adjutant general 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 a new trial or rehearing.
B. If a previously executed sentence of dishonorable or bad conduct discharge is not imposed on a new trial, the convening authority shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
C. If a previously executed sentence of dismissal is not imposed on a new trial, the convening authority shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the convening authority alone to such commissioned grade and with such rank as in the opinion of the convening authority that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:176. Article 76. Finality of proceedings, findings, and sentences

RS 29:176 - Article 76. Finality of proceedings, findings, and sentences
The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state subject only to action upon a petition for a new trial as provided in R.S. 29:173 and to action under R.S. 29:174, and the authority of the governor.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:177. Article 77. Principals

RS 29:177 - Article 77. 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 him would be punishable by this code; is a principal.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:178. Article 78. Accessory after the fact

RS 29:178 - Article 78. 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 his apprehension, trial, or punishment shall be punished as a court-martial may direct.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:179. Article 79. Conviction of lesser included offense

RS 29:179 - Article 79. 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.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:180. Article 80. Attempts

RS 29:180 - Article 80. 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.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:181. Article 81. Conspiracy

RS 29:181 - Article 81. 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.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:182. Article 82. Solicitation

RS 29:182 - Article 82. Solicitation
A. Any person subject to this code who solicits or advises another or others to desert in violation of R.S. 29:185 or mutiny in violation of R.S. 29:194 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, he 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 the enemy in violation of R.S. 29:199 or sedition in violation of R.S. 29:194 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, he shall be punished as a court-martial may direct.
Acts 1974, No. 621, §1.