reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-255 - Investigation

(1)
No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(2)
The accused shall be advised of the charges against him and of his right to be represented at that investigation by counsel. Upon his own request, he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(3)
If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(4)
The requirements of this section are binding on all persons administering this code, but failure to follow them does not constitute jurisdictional error.
Codes, 1942, § 8529-33; Laws, 1966, ch. 538, § 33; Laws, 1981, ch. 362, § 35, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-257 - Forwarding of charges

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.
Codes, 1942, § 8529-34; Laws, 1966, ch. 538, § 34; Laws, 1981, ch. 362, § 36, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-259 - Advice of staff judge advocate and reference for trial

(1)
Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of investigation.
(2)
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as needed to make them conform to the evidence may be made.
Codes, 1942, § 8529-35; Laws, 1966, ch. 538, § 35; Laws, 1981, ch. 362, § 37, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-261 - Service of charges

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his objections, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under Section
33-13-307(1)
in a general court-martial case within a period of five (5) days after the service of charges upon him, or in a special court-martial case within a period of three (3) days after the service of charges upon him.
Codes, 1942, § 8529-36; Laws, 1966, ch. 538, § 36; Laws, 1981, ch. 362, § 38, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-301 - Governor may prescribe rules

The pretrial, trial and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals and courts of inquiry may be prescribed by the Governor by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the State of Mississippi but which may not be contrary to or inconsistent with this code.
Codes, 1942, § 8529-37; Laws, 1966, ch. 538, § 37; Laws, 1981, ch. 362, § 39, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-303 - Unlawfully influencing action of court

(1)
No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of this subsection shall not apply with respect to (a) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of court-martial, or (b) statements and instructions given in open court by the military judge, president of a special court-martial or counsel.
(2)
In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of or in determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report (a) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (b) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.
Codes, 1942, § 8529-38; Laws, 1966, ch. 538, § 38; Laws, 1981, ch. 362, § 40, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-305 - Duties of trial counsel and defense counsel

(1)
The trial counsel of a general or special court-martial shall prosecute in the name of the State of Mississippi, and shall, under the direction of the court, prepare the record of the proceedings.
(2)
The accused has the right to be represented in his defense before a general, special or summary court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under Section
33-13-185
. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.
(3)
In every court-martial proceedings, the defense counsel may, in the event of conviction, forward for attachment to the recording of proceedings, a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
(4)
An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section
33-13-185
, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(5)
An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section
33-13-185
, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
Codes, 1942, § 8529-39; Laws, 1966, ch. 538, § 39; Laws, 1981, ch. 362, § 41, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-307 - Sessions

(1)
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 Section
33-13-261
, call the court into session without the presence of the members for the purpose of:
(a)
Hearing and determining motions raising defense or objections which are capable of determining without trial or the issue raised by a plea of not guilty;
(b)
Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
©)
If permitted by regulations of the Governor, holding the arraignment and receiving the pleas of the accused; and
(d)
Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to Section
33-13-301
and which does not require the presence of the members of the court. These proceedings 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.
(2)
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, in cases in which a military judge has been detailed to the court, the military judge.
Codes, 1942, § 8529-40; Laws, 1966, ch. 538, § 40; Laws, 1981, ch. 362, § 42, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-309 - Continuances

The military judge, or a court-martial without a military judge, may, for reasonable cause, grant a continuance to any party for such time and for as often as may appear to be just.
Codes, 1942, § 8529-41; Laws, 1966, ch. 538, § 41; Laws, 1981, ch. 362, § 43, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-311 - Challenges

(1)
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. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one (1) person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2)
Each accused and the trial counsel are entitled to one (1) preemptory challenge, but the military judge may not be challenged except for cause.
Codes, 1942, § 8529-42; Laws, 1966, ch. 538, § 42; Laws, 1981, ch. 362, § 44, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-313 - Oaths

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The oath or affirmation shall be taken, and shall read as follows:
(a)
Court members:
"You, ____________________, do swear (or affirm) that you will faithfully perform all the duties incumbent upon you as a member of this court; that you will faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations provided for trials by court-martial, the case of (the) (each) accused now before this court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon a challenge or upon the findings or sentence unless required to do so before a court of justice in due course of law. So help you God."
(b)
Military judge:
"You, ____________________, do swear (or affirm) that you will faithfully and impartially perform, according to your conscience and the laws and regulations provided for trials by court-martial, all the duties incumbent upon you as military judge of this court. So help you God."
©)
Trial counsel and assistant trial counsel:
"You, ____________________ (and) ____________________, do swear (or affirm) that you will faithfully perform the duties of trial counsel. So help you God."
(d)
Defense counsel and assistant defense counsel:
"You, ____________________ (and) ____________________, do swear (or affirm) that you will faithfully perform the duties of defense (and individual) counsel. So help you God."
(e)
Court of inquiry:
The recorder of a court of inquiry shall administer to the members the following oath: "You shall well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice or hope of reward. So help you God." After which the president of the court shall administer to the recorder the following oath: "You do swear (or affirm) that you will according to the best of your abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God."
(f)
Witnesses:
All persons who give evidence before a court-martial or court of inquiry shall be examined on oath, administered by the presiding officer, in the following form: "You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God."
(g)
Reporter or interpreter:
"You swear (or affirm) that you will faithfully perform the duties of reporter (or interpreter) to this court. So help you God."
Codes, 1942, § 8529-43; Laws, 1966, ch. 538, § 43; Laws, 1981, ch. 362, § 45, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-315 - Statute of limitations

(1)
A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
(2)
Except as otherwise provided in this section, a person charged with offenses punishable under this code is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(3)
Periods in which the accused was absent from territory in which the state has the authority to apprehend him, 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.
Codes, 1942, § 8529-44; Laws, 1966, ch. 538, § 44; Laws, 1981, ch. 362, § 46, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-317 - Former jeopardy

(1)
No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense.
(2)
No proceedings 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.
(3)
A proceeding which, after the proper convening of the court and 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.
Codes, 1942, § 8529-45; Laws, 1966, ch. 538, § 45; Laws, 1981, ch. 362, § 47, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-319 - Pleas of the accused

(1)
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 a 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 if he had pleaded not guilty.
(2)
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 summary court officer, 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.
Codes, 1942, § 8529-46; Laws, 1966, ch. 538, § 46; Laws, 1981, ch. 362, § 48, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-321 - Opportunity to obtain witnesses and other evidence

(1)
The trial counsel, the defense counsel, the accused, if not represented by counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses.
(2)
The military judge or summary court officer of a court-martial may:
(a)
Issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b)
Issue a subpoena duces tecum and other subpoenas;
©)
Enforce by attachment the attendance of witnesses and the production of books and papers; and
(d)
Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(3)
Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers or peace officers as prescribed by the laws of the state.
Codes, 1942, § 8529-47; Laws, 1966, ch. 538, § 47; Laws, 1981, ch. 362, § 49, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-323 - Refusal to appear or testify

(1)
Any person not subject to this code 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 or peace officer designated to take a deposition to be read in evidence before a court; and
(b)
Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses under Section
33-13-621
; and
©)
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, is guilty of an offense against the state and may be punished by a fine not to exceed three hundred dollars ($300.00) or confinement not to exceed thirty (30) days in jail, or by both fine and confinement, and such witness shall be prosecuted in the appropriate county court.
(2)
The appropriate district attorney for the state in any circuit court having jurisdiction where the military proceeding was convened shall, upon submission of a complaint to him by the presiding officer of a military court, commission, court of inquiry or board, file an information against and prosecute any person violating this section.
Codes, 1942, § 8529-48; Laws, 1966, ch. 538, § 48; Laws, 1981, ch. 362, § 50, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-325 - Contempts

A military court may punish for contempt any person who uses any menacing words, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Punishment may not exceed confinement for thirty (30) days or a fine of Eight Hundred Dollars ($800.00), or both, provided that punishment of civilians by civilian courts for such contempt shall not be prohibited hereby.
Codes, 1942, § 8529-49; Laws, 1966, ch. 538, § 49; Laws, 1981, ch. 362, § 51, eff. 7/1/1981.
Amended by Laws, 2017, ch. 354, SB 2620, 5, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-327 - Depositions

(1)
At any time after charges have been signed, as provided in Section
33-13-251
, any party may take oral or written depositions unless the military judge, a court-martial without a military judge 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. If a deposition is to be taken before charges are referred for trial, such authority may designate attorneys in the state military forces to represent the prosecution and the defense and may authorize those persons to take the deposition of any witness.
(2)
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3)
Depositions may be taken before and authenticated by any military or civil officer authorized by laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(4)
Any duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any military court or commission, or in any proceeding before a court of inquiry, if it appears:
(a)
That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;
(b)
That the witness by reason of death, age or 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
©)
That the present whereabouts of the witness is unknown.
Codes, 1942, § 8529-50; Laws, 1966, ch. 538, § 50; Laws, 1981, ch. 362, § 52, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-329 - Admissibility of records of courts of inquiry

(1)
Upon a showing of unavailability 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, or 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 consent to the introduction of such evidence.
(2)
Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3)
Such testimony may also be read in evidence before a court of inquiry or a military board.
(4)
In all courts of inquiry both enlisted men and officers shall have the right to counsel and the right to cross-examination of all witnesses.
Codes, 1942, § 8529-51; Laws, 1966, ch. 538, § 51; Laws, 1981, ch. 362, § 53, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-331 - Voting and rulings

(1)
Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall collect and 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.
(2)
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.
(3)
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:
(a)
That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(b)
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;
©)
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;
(d)
That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
(4)
Subsections (1), (2) and (3) 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 required to be filed, it will be sufficient if the findings of fact appear therein.
Codes, 1942, § 8529-52; Laws, 1966, ch. 538, § 52; Laws, 1981, ch. 362, § 54, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-333 - Number of votes required

(1)
No person may be convicted of an offense, except by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
(2)
All sentences shall be determined by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
(3)
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination 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 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.
Codes, 1942, § 8529-53; Laws, 1966, ch. 538, § 53; Laws, 1981, ch. 362, § 55, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-335 - Court to announce action

A court-martial shall announce its finding and sentence to the parties as soon as determined.
Codes, 1942, § 8529-54; Laws, 1966, ch. 538, § 54, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 13 - TRIAL PROCEDURE (§§ 33-13-301 — 33-13-337) › Section 33-13-337 - Record of trial

(1)
Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his 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 his death, disability, or absence. 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. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor.
(2)
Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by such regulations as the Governor may prescribe.
(3)
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.
Codes, 1942, § 8529-55; Laws, 1966, ch. 538, § 55; Laws, 1981, ch. 362, § 56, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 15 - SENTENCES (§§ 33-13-351 — 33-13-357) › Section 33-13-351 - Cruel and unusual punishment prohibited

Punishment by flogging, or by branding, marking or tatooing 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.
Codes, 1942, § 8529-56; Laws, 1966, ch. 538, § 56, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 15 - SENTENCES (§§ 33-13-351 — 33-13-357) › Section 33-13-353 - Maximum limits

The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.
Codes, 1942, § 8529-57; Laws, 1966, ch. 538, § 57; Laws, 1981, ch. 362, § 57, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 15 - SENTENCES (§§ 33-13-351 — 33-13-357) › Section 33-13-355 - Effective date of sentences

(1)
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 but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(2)
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 officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, 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 officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(3)
In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until all reviews and any appeals to the Mississippi Court of Military Appeals are complete.
(4)
All other sentences of courts-martial are effective on the date ordered executed.
Codes, 1942, § 8529-58; Laws, 1966, ch. 538, § 58; Laws, 1981, ch. 362, § 58, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 15 - SENTENCES (§§ 33-13-351 — 33-13-357) › Section 33-13-357 - Execution of confinement

(1)
A sentence of confinement adjudged by a military court, 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 state military forces or in any jail, penitentiary, or prison or other institution, under the control of this state or any political subdivision thereof and designated by the Adjutant General. Persons so confined in a jail, penitentiary, prison or other institution are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, prison or other institutions by the courts of the state or of any political subdivision thereof.
(2)
The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(3)
The keepers, officers, and wardens of any jails, penitentiaries, prisons, or other institutions, under the control of this state or any political subdivision thereof, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.
Codes, 1942, § 8529-59; Laws, 1966, ch. 538, § 59; Laws, 1981, ch. 362, § 59, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-401 - Error of law; lesser included offense

(1)
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.
(2)
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.
Codes, 1942, § 8529-60; Laws, 1966, ch. 538, § 60; Laws, 1981, ch. 362, § 60, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-403 - Initial action on the record

After 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 any officer exercising general court-martial jurisdiction.
Codes, 1942, § 8529-61; Laws, 1966, ch. 538, § 61; Laws, 1981, ch. 362, § 61, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-405 - General court-martial records

The convening authority shall refer the record of each general court-martial to his 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.
Codes, 1942, § 8529-62; Laws, 1966, ch. 538, § 62, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-407 - Reconsideration and revision

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:
(a)
For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(b)
For consideration 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
©)
For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Codes, 1942, § 8529-63; Laws, 1966, ch. 538, § 63; Laws, 1981, ch. 362, § 62, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-409 - Rehearings

(a)
If the convening authority disapproves the finding 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 hearing, 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.
Codes, 1942, § 8529-64; Laws, 1966, ch. 538, § 64, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-411 - 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.
Codes, 1942, § 8529-65; Laws, 1966, ch. 538, § 65, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-413 - Initial review and disposition of records

(1)
If the convening authority is the Governor, his action on the review of any record of trial is final, subject to review by the Mississippi Court of Military Appeals.
(2)
In all other cases not covered by subsection (1) of this section, if the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate judge advocate of the state military forces concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the judge advocate shall then be sent to the state judge advocate for review.
(3)
All other special and summary court-martial records shall be sent to the judge advocate of the appropriate force of the state military forces and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed by the Governor.
(4)
The state judge advocate shall review the record of trial in each case sent to him for review as provided under subsection (2) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.
(5)
The state judge advocate shall take final action in any case reviewable by him.
Codes, 1942, § 8529-66; Laws, 1966, ch. 538, § 66; Laws, 1981, ch. 362, § 63, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-415 - Review by state judge advocate

(1)
In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm 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 determines, on the basis of the entire record, should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate set aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
(2)
In a case reviewable by the state judge advocate under this or the proceeding section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
Codes, 1942, § 8529-67; Laws, 1966, ch. 538, § 67; Laws, 1981, ch. 362, § 64, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-419 - Precedents of other courts

Decisions of the United States Court of Appeals for the Armed Forces and of the Courts of Review of the Armed Forces of the United States shall be considered persuasive authority but will not be regarded as binding precedent unless adopted as such by the Mississippi Court of Military Appeals.
Codes, 1942, § 8529-69; Laws, 1966, ch. 538, § 69; Laws, 1981, ch. 362, § 66, eff. 7/1/1981.
Amended by Laws, 2016, ch. 333, SB 2669, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 17 - REVIEW OF COURTS-MARTIAL (§§ 33-13-401 — 33-13-431) › Section 33-13-421 - Appellate counsel

The counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his own expense. Should the defense or trial counsel become unable to perform their duties because of illness or other disability, the convening authority will appoint a qualified trial or defense counsel to continue the proceedings.
Codes, 1942, § 8529-70; Laws, 1966, ch. 538, § 70; Laws, 1981, ch. 362, § 67, eff. 7/1/1981.