Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 7 - PROCEDURES FOR APPEAL › Section 7-7-2 - Record on appeal

Current through June, 2024
(a) Upon filing of
				the accused's notice of appeal under Rule 37, Hawaii rules of penal procedure,
				the trial counsel, including any substitute trial counsel appointed under
				section
				124A-46,
				HRS shall prepare a record of the proceedings for use in the appeal. Trial
				counsel shall coordinate with the convening authority immediately upon being
				detailed to serve, to insure that all items which may later be required for the
				record are preserved and kept readily available.
(b) The record of a special or general
				court-martial shall contain all matters brought before the court and shall be
				authenticated in substantially the same manner as are like courts-martial in
				the federal military services, subject to section
				124A-79,
				HRS.
(c) Prior to presenting the
				proposed record for authentication pursuant to
				124A-79, HRS, the
				trial counsel shall afford the defense counsel a reasonable opportunity to
				review the proposed record and make informal requests for changes thereto. If
				agreement cannot be reached as to any of the requested changes, the defense
				counsel shall have a reasonable opportunity to prepare written objections to
				the proposed record, which objections shall be forwarded with the proposed
				record by the trial counsel. The authenticating authority shall rule in writing
				on all the objections and amend the proposed record to conform to the rulings.
				The objections and rulings shall be appended to the record as an added exhibit.
				The record as thus constituted shall be authenticated by the signature of the
				authenticating authority. The authenticated record shall then be forwarded to
				the convening authority and a copy furnished to the defense counsel.
(d) Upon receipt of the authenticated record,
				the convening authority, with the advice and counsel of the reviewing staff
				judge advocate, shall take action as provided in subsections (e) to
				(h).
(e) If the authenticating
				authority has granted all the relief requested by defense counsel regarding
				objections to the record, and if defense counsel has at that time presented no
				additional objections, the convening authority shall approve the authenticated
				record and return the record to the trial counsel for distribution.
(f) If the authenticating authority did not
				grant all relief requested by defense counsel as to objections to the record,
				the convening authority shall consider the refusal to grant relief, and may
				grant additional relief, if the convening authority considers that action to be
				appropriate and in the interests of justice. The convening authority may only
				grant or deny additional relief and shall not overturn any previous grant of
				relief. The rulings of the convening authority shall be made in writing and the
				record appropriately amended. These rulings shall be appended to the record as
				another added exhibit, and the record as thus constituted shall be approved by
				the signature of the convening authority.;
(g) If, prior to approval of the record, the
				defense counsel presents to the convening authority any objections to the
				record which have not been ruled on by the authenticating authority, the
				convening authority may determine the objections, or may refer the objections
				to the authenticating authority for action thereon in writing.
(1) As to objections which the convening
				authority does not refer to the authenticating authority, the convening
				authority shall act as if the objections had been presented to the
				authenticating authority and all relief denied.
(2) As to objections which are referred to
				the authenticating authority, the convening authority, upon receipt of the
				authenticating authority's action thereon, shall proceed as set forth in
				subsections (e) or (f).