reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-605 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A
				motion is a request to the military judge for some particular relief, as set
				forth in R.C.M. 905- 907. Motions may be oral, or in the discretion of the
				military judge, in writing. Motion practice is primarily the province of the
				defense counsel.
B. Kinds of
				Motions. The three functional kinds of motions are "motions to dismiss,"
				"motions for appropriate relief" and "motions to suppress." Another kind of
				motion similar to a motion to suppress is a motion in limine.
1. A Motion to Dismiss is a request to
				terminate further proceedings as to one or more charges and specifications on
				grounds capable of determination without trial of the general issue of guilt.
				Grounds, which include both "waivable" and "nonwaivable" bases, include statute
				of limitations, speedy trial, former jeopardy, pardon, immunity, constructive
				condonation of desertion, and prior punishment under LCMJ Articles 13 or 15 for
				the same offense, if it is a "minor offense." "Nonwaivable" grounds include
				lack of jurisdiction and failure of a specification to state an offense.
				"Waivable" grounds for motion to dismiss must be made before final adjournment
				of the court-martial.
2. A Motion
				for Appropriate Relief is designed to remedy defects of form or substance that
				require corrective action short of dismissal. It is made to cure a defect which
				impedes the party from properly preparing for trial or conducting his case.
				R.C.M. 906(a) lists 14 non-exclusive, different grounds for the motion for
				appropriate relief.
3. A Motion to
				Suppress may be directed to a confession or admission by an accused, evidence
				obtained from a search or seizure or believed to belong to the accused, and/or
				prior eyewitness identification of the accused. Once properly notified by trial
				counsel that such evidence exists, the accused must ordinarily make the motion
				to suppress the evidence before entering pleas. Absent good cause, the military
				judge must conduct a hearing and make a ruling on a motion to suppress before
				requiring entry of a plea.
4. A
				Motion in Limine is similar to a motion to suppress in that it requests a
				preliminary ruling on admissibility of evidence which must be ruled on prior to
				the offering of the matter into evidence. The motion may be made by either side
				before or during trial.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-607 - Former Jeopardy, Mistrial, and Withdrawal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Former Jeopardy. A proceeding terminated
				by the government after evidence is introduced on the merits, without fault of
				the accused, is a trial. No person may, without his consent, be tried a second
				time for the same offense. Former jeopardy does not apply to offenses under
				civilian law, but the authority to try an accused for the same acts which
				constitute an offense under the LCMJ may be limited by regulation. [See LCMJ
				Article 44a and R.C.M. 907(b)(C).]
B. Mistrial. A declaration of mistrial may be
				ordered by the military judge when such action is manifestly necessary in the
				interest of justice to prevent unfairness. Mistrial is a drastic remedy and
				should be employed only when manifestly necessary to preserve the ends of
				justice. For instance, an error in admitting evidence can ordinarily be cured
				by striking the testimony or evidence and/or by a curative instruction to
				disregard. A mistrial may be granted either as to findings of some or all
				charges or only as to the sentence. The military judge shall inquire into the
				views of the parties prior to such declaration. A declaration of mistrial shall
				not prevent trial by another court-martial on the affected charges and
				specifications except when the mistrial was declared after jeopardy attached
				and before findings, and the declaration was an abuse of discretion and without
				the consent of the accused and/or the direct result of intentional
				prosecutorial misconduct designed to necessitate a mistrial. [See R.C.M.
				915(a)-(c).]
C. Withdrawal of
				Charges. The convening authority or a superior competent authority may, for any
				reason, cause any charges or specifications to be withdrawn from a
				court-martial at any time before findings are announced. Charges that have been
				withdrawn from a court-martial may be referred to another court-martial unless
				the withdrawal was for an improper reason. Charges withdrawn after the
				introduction of evidence on the general issue of guilt may be referred to
				another court-martial only if the withdrawal was necessitated by urgent and
				unforeseen military necessity. Withdrawal before trial proceedings begin
				carries the presumption of regularity; however the reason for withdrawal should
				be made part of the record. [See R.C.M. 604.]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-608 - Contempt

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any level of
				court-martial has the power to 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." The punishment for such conduct may not exceed
				confinement for 30 days or a fine of one hundred dollars ($100) or both. The
				convening authority approves or disapproves all or part of the sentence, with
				no further review or appeal. Any confinement will begin when adjudged unless it
				is deferred, suspended, or disapproved by the convening authority. Any fine
				adjudged does not become effective until ordered executory by the convening
				authority. [See LCMJ Article 48 and R.C.M. 809.]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-609 - Witnesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the case
				in chief, the counsel and court may call witnesses to testify. The party
				calling the witness conducts direct examination followed by cross-examination
				of the witness by the opposing party. Redirect and recross-examination are
				conducted as necessary, followed by any questioning by the military judge and
				members. The military judge has the discretion to limit the number of redirect
				and recross-examinations. [See R.C.M. 913 and M.R.E.. 611 and 614.]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-610 - Stipulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A
				"stipulation" is an agreement between the parties. There are two common types
				of stipulations, "stipulation of fact" and "stipulation of expected testimony."
				Stipulations may be made orally or in writing. The military judge rules on the
				admissibility of the stipulation, and should ordinarily inquire to insure that
				the accused understands the right not to stipulate, understands the
				stipulation, and consents to it. [See R.C.M. 811.]
B. Stipulation of Fact. The parties may
				stipulate that a certain facts exists or does not exist. Once accepted, a
				stipulation of fact, in whatever form, is binding on the court-martial and may
				not be contradicted by the parties.
C. Stipulation of Expected Testimony. The
				parties may also stipulate that, if a witness were present, he would testify in
				a specified manner or that, if an original document were introduce, the
				document's contents would include certain information. Unlike a stipulation of
				fact, the parties are free to contradict, attack, or explain the evidence
				presented in this manner.
D.
				"Confessional Stipulation". The accused may, after a plea of not guilty, enter
				into a stipulation that amounts to a confession. Such a stipulation is subject
				to the same constraint as a guilty plea, and the military judge must ascertain
				that:
1. the accused understands the right
				not to so stipulate;
2. the
				stipulation will not be accepted without the accused's consent;
3. the accused understands the contents and
				effect of the stipulation;
4. the
				accused, after consulting with counsel, consents to the stipulation;
				and
5. whether there are any
				agreements between the parties in connection with the stipulation, and, if so,
				the terms thereof.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-611 - Withdrawal of Stipulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				party may withdraw from an agreement to stipulate or from a stipulation at any
				time before the stipulation is accepted. After a stipulation has been accepted
				by the military judge, he may permit withdrawal. If a party withdraws from an
				agreement to stipulate or from a stipulation, the opposing party may be
				entitled to a continuance to obtain proof of the matters which were to have
				been stipulated. If there is withdrawal of a stipulation previously accepted,
				the stipulation must be disregarded by the court-martial, and an instruction to
				that effect should be given.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-612 - Motion for Finding of Not Guilty

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A motion for finding of not
				guilty is a procedural device whereby the defense may test the sufficiency of
				the government's case. The motion may also be raised sua sponte by the military
				judge. The motion may be made at the conclusion of the government's case or at
				the conclusion of the defense's case, but must be made before the announcement
				of the findings on the general issue of guilt. The motion must specifically
				indicate where the government's evidence is insufficient and the military judge
				should give the parties an opportunity to be heard before ruling on the motion.
				The military judge should ordinarily allow the trial counsel to reopen the
				government's case as to the insufficiency specified in the motion if any such
				further evidence is reasonably available. [See R.C.M. 917.]
B. Test and Effect of Ruling. The test for
				granting the motion is whether there is some evidence, which together with all
				reasonable inferences and applicable presumptions, could reasonably tend to
				establish every essential element of the offense charged. The evidence is
				viewed in the light most favorable to the government and without evaluating the
				credibility of witnesses. The military judge may grant the motion as to part of
				a specification, as long as a lesser offense charged is alleged in the portion
				of the specification as to which the motion is not granted. A ruling granting a
				motion for a finding of not guilty is an acquittal and is final when announced;
				it may not be reconsidered by the military judge. A ruling which denies a
				motion for finding of not guilty may be reconsidered at any time prior to
				announcement of findings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-613 - Views and Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				extraordinary circumstances, the military judge may, as a matter of discretion,
				permit the court-martial to view or inspect the premises or a place, or an
				article, or object. Such a view or inspection shall take place only in the
				presence of all parties, the members (if any) and the military judge. A person
				familiar with the scene may be designated by the military judge to escort the
				court-martial. Such a person shall perform the duties of escort under oath. The
				escort shall not testify, but may point out particular features prescribed by
				the military judge. Any statement made at the view or inspection by an escort,
				party, military judge, or any member shall be made part of the record. The fact
				that a view or inspection has been made does not necessarily preclude the
				introduction in evidence of photographs, diagrams, maps, or sketches or the
				place or item viewed, if these are otherwise admissible. [See R.C.M.
				913(c).]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-614 - Arguments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Types of
				Arguments
1. Opening Statements. The trial
				counsel may make an opening statement immediately before presenting the case in
				chief, and defense counsel may make an opening statement either after trial
				counsel or after the prosecution has rested its case. [See R.C.M.
				913(b).]
2. Motions. Before action
				is taken on a contested motion, each side has the opportunity to present
				evidence and make an argument. The military judge, in his discretion, may limit
				or refuse to hear arguments which are trivial, mere repetition, or designed as
				a delay tactic. [See R.C.M. 905(h).]
3. Evidentiary objections and any others
				questions or matters presented to the Court for decision during the course of
				the court-martial.
4. Closing
				Arguments on Findings [R.C.M. 919] and Sentencings [R.C.M. 1001(g).]
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-615 - Objections to Impermissible Argument

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is not necessary for counsel to
				interrupt opposing counsel's argument in order to preserve an assignment of
				errors. An error is preserved for appeal so long as the objection is made
				before the military judge begins his instructions to members or, if none,
				renders his verdict.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-701 - Report of Result of Trial

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				After final adjournment of the court-martial in a case, the trial counsel shall
				promptly notify the accused's immediate commander, the convening authority or
				the convening authority's designee, and, if appropriate, the officer in charge
				of the confinement facility, of the findings and sentence. R.C.M.
				1101.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-702 - Deferral of Sentences to Confinement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sentences to confinement are deferred
				until the sentence has been approved and ordered executed by the convening
				authority unless he denies deferral of confinement in writing. Denial of
				deferral of confinement should ordinarily be accomplished prior to announcement
				of sentence; however, the convening authority may, for cause deemed good and
				sufficient by him, deny deferral and order the accused into confinement after
				announcement of sentence and before he approves the sentence and orders it
				executed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-703 - Preparation of Record of Trial

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each general, special, and summary court-martial shall keep a separate record
				of the proceedings in each case brought before it. The record of each general
				and special court-martial shall include a verbatim written transcript of all
				sessions except sessions closed for deliberations and voting when confinement,
				forfeitures of pay, or a punitive discharge has been adjudged. When a verbatim
				transcript is not required under this Paragraph, a summarized report of the
				court-martial proceedings may be prepared instead of a verbatim transcript. The
				Record of Trial will be properly prepared Trial Counsel. A copy of the complete
				Record of Trial will be forwarded to the convening authority. The original
				Record of Trial will be forwarded to and maintained by the Office of the State
				Judge Advocate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-704 - Legal Reviews

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon conclusion of a court-martial, the military judge forwards the
				court-martial file to the appropriate staff judge advocate, who prepares a
				written legal review for the convening authority. For an example, see Figure
				7-7. If the approved sentence of a SPCM includes a dishonorable discharge, the
				State Judge Advocate will also review the record, after the SPCMCA's SJA's
				review and before the convening authority's action. All GCM's will also be
				reviewed by the State Judge Advocate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-705 - Matters Submitted by the Accused

Current through Register Vol. 50, No. 6, June 20, 2024
A. After a general or special court-martial,
				the accused may submit matters under R.C.M. 1105 within the later of 10 days
				after a copy of the authenticated record of trial or, if applicable, the
				recommendation of the staff judge advocate or legal officer, or an addendum to
				the recommendation containing new matter is served on the accused, whichever is
				later. An accused in a summary court-martial may submit matters under R.C.M.
				1105 within 7 days after the sentence is announced. If, within the 7 or 10-day
				period, the accused shows that additional time is required for the accused to
				submit such matters, the convening authority or that authority's staff judge
				advocate may, for good cause, extend the 7 or 10-day period for not more than
				20 additional days; however, only the convening authority may deny a request
				for such an extension.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-706 - Convening Authority's Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Upon completion of the legal
				review(s), the convening authority takes action on the case.
1. He may approve all or part of the adjudged
				sentence or for any or no reason disapprove the findings and
				sentence.
2. He may approve only
				findings of guilty and the sentence or part or amount of the sentence that he
				finds correct in law and fact and that he in his discretion determines should
				be approved (unless he indicates otherwise, approval of the sentence is
				approval of the findings).
3. If he
				approves any part of the adjudged sentence which has not been executed, he may
				order the approved sentence executed, or he may suspend the sentence.
				Exception: The record of trial of all general courts-martial and all special
				courts-martial in which the approved sentence includes dishonorable discharge
				must be reviewed by the State Judge Advocate General, after the convening
				authority's approval but before the sentence is ordered executed.
4. If the convening authority disapproves the
				findings and sentence, he may order a rehearing, except where there is a lack
				of evidence of guilt in the record to support the findings. When he disapproves
				the findings and sentence, he will state the reasons for disapproval. If he
				disapproves the findings and sentence and does not order a rehearing, he will
				dismiss the charges.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-707 - Suspension of Sentences

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. The military judge, summary court-martial officer, or the convening
				authority may suspend execution of any sentence. [LCMJ Article 71(B).] No
				penalty or sentence may be suspended beyond a reasonable period.
B. Partial Suspension of Sentence. The
				military judge, summary court-martial officer, or convening authority may
				suspend any part or amount of any sentence which has not previously been paid
				or served. For example, an accused who has been sentenced to 7 days'
				confinement could be ordered into confinement for 3 days and the remaining 4
				days suspended; or an accused who has been sentenced to a $25 fine could be
				ordered to pay $10 and payment of the remaining $15 suspended.
C. Length of Suspension Term. A court-martial
				sentence may be suspended by the military judge or convening authority for a
				reasonable period of time. The suspension period cannot extend beyond the
				expiration of an enlisted accused's present term of service, and is subject to
				the following maximum periods:
1. NJP-6
				months;
2. SCM-12 months;
3. SPCM-18 months;
4. GCM-24 months.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-708 - Execution of Sentence Involving Custody

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Sentences of confinement adjudged
				by military courts shall be served in the Dabadie Correctional Center at Camp
				Beauregard, Louisiana. When special circumstances require confinement at
				another facility, placement of military prisoners in such other facilities may
				be approved by the Adjutant General or the State Judge Advocate.
B. Order of Commitment. If the convening
				authority approves any portion of a court-martial sentence that includes
				confinement and does not suspend that confinement, he will issue an Order of
				Commitment, if confinement has not been deferred. [See Figure 7-3.] The
				convening authority may allow the convicted accused to serve his sentence to
				confinement on some basis other than "straight-time" (for example, by allowing
				service on weekends or participation in a work-release program), in which case
				he should make the appropriate arrangements with confinement authorities prior
				to issuing the Order of Commitment. Any such arrangements are set out in that
				portion of the Order of Commitment following the words "Special Instructions".
				The interests of the State of Louisiana and the convicted accused are usually
				best served by making arrangements through defense counsel for the convicted
				accused to voluntarily surrender to begin service of sentence, rather than by
				causing service of the Order of Commitment without prior notice to the
				convicted accused. Any special medical and/or dental needs of military
				prisoners should be made known on the Order of Commitment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-709 - Publication of Results

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon completion of his action, the convening authority publishes a Promulgating
				Order setting forth the results of the trial and his actions. R.C.M. 1114
				governs the content and use of Promulgating Orders. Figure 7-4 is a sample
				Promulgating Order. Consult the Judge Advocate and/or appropriate service
				regulations to adapt this sample to the case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-710 - Distribution and Filing of Charge Sheet

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the convening authority has completed
				his action as outlined above, the original Charge Sheet with all exhibits
				attached is filed in accordance with instructions promulgated by active
				component publications as the record of trial. The convening authority forwards
				a complete and legible copy of the package to the accused, defense counsel and
				the reviewing staff judge advocate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-711 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. As provided for
				in LCMJ Article 66, the First Circuit Court of Appeal shall have appellate
				jurisdiction over appeal of all LANG courts-martial, excluding summary
				courts-martial. Once an accused has been provided with notice of final action
				in a court-martial by the convening authority, he shall have sixty days in
				which to file a notice of appeal with the military judge and the convening
				authority. After an accused files a notice of appeal, the trial counsel who
				prosecuted the court-martial, shall lodge the record of trial, after
				certification by the military judge, with the Court. Consult LCMJ Article 66
				for relevant brief filing deadlines.
B. Once the court acts on the case, the
				record is returned to the trial counsel, who notifies the state judge advocate
				and the convening authority of the court's decision. The convening authority
				will then take further action based on the court's decision. A supplemental
				promulgating order may be issued to supplement or amend the original
				court-martial promulgating order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-712 - Fine Payment and Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Fines are due when assessed, unless a reasonable delay for payment (normally
				not to exceed 30 days) is fixed by the military judge or the convening
				authority. Within 5 days after a fine is paid, the money shall be remitted to
				Office of the State Judge Advocate. The State Judge Advocate shall then
				transmit the fine to the comptroller of the State Military Department where it
				shall be deposited in the State Treasury.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-714 - Vacating Suspensions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Subject to the limitations of the preceding paragraph, if during the
				period of suspension the convening authority receives information that the
				probationer may have violated any term of that suspension, he may, after
				consulting with the appropriate judge advocate, begin proceedings to consider
				whether the suspension will be vacated (terminated).
Notice Requirement. The procedure is initiated by written
				  notification to the probationer, delivered in person or by certified mail,
				  return receipt requested, in a postage and fees paid envelope deposited in an
				  office of the United States Postal Service, addressed to the probationer at his
				  address as shown on the records of the unit. If the probationer fails or
				  refuses to accept personal delivery, or if the notice by mail is returned
				  undelivered, the convening authority may proceed summarily. Receipt of notice
				  sent by mail as set out above is presumed seven days following date of
				  deposit.
B. Requests for
				Continuance. If the accused requests additional time to consult with counsel or
				to gather additional information prior to responding, the convening authority
				should grant a reasonable amount of additional time so that the accused may
				have the opportunity to prepare and present a meaningful response.
C. Hearing Procedures. The convening
				authority must satisfy himself that he has the facts of the matter before him
				prior to deciding whether to vacate the suspension. If he deems it necessary,
				he may appoint an investigating officer and/or consult with his servicing staff
				judge advocate. After carefully and thoroughly considering all information
				before him, the convening authority must determine what disposition to make of
				the alleged violation of suspension. He may:
1. continue the accused on
				suspension;
2. vacate the
				suspension, remit any part or amount of the unexecuted part of the sentence,
				and order the remainder of the sentence into execution (if the vacation is
				based on failure to pay a fine); or
3. he may vacate the suspension and order the
				unexecuted portion of the sentence into execution. In addition, he may initiate
				court-martial charges or non-judicial punishment for the act constituting the
				alleged violation of suspension, if such act also is a violation of the
				Code.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-901 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. This
				chapter establishes procedures for the preparation, submission, and disposition
				of complaints made pursuant to Article 138, LCMJ by a member of the Louisiana
				National Guard against a commanding officer.
B. Applicability. This chapter applies to all
				members of the Louisiana National Guard as defined in LCMJ Article 1.
C. Resolution of Complaints. LANG policy is
				to resolve complaints at the lowest level of command and to provide adequate
				administrative procedures for such resolution. Article 138, LCMJ, is one of
				several methods available. It provides for consideration at three successive
				levels. The first attempt to resolve a perceived wrong must be between the
				service member and the commanding officer whom the service member believes
				committed the wrong. If conventional measures are unsuccessful, the service
				member may submit a request for redress under Article 138. Every reasonable
				measure should be taken to resolve complaints at this lowest level. The
				principal responsibility for acting on Article 138 complaints lies with the
				Adjutant General (TAG).
D. Right to
				Complain. A member of the Louisiana National Guard has a statutory right to
				submit an Article 138 complaint. Commanders will not restrict the submission of
				such complaints or retaliate against a member for submitting a
				complaint.
E. Complaint to be
				Forwarded. Every complaint will be expeditiously forwarded to the the Adjutant
				General unless voluntarily withdrawn by the complainant.
F. Complainant Not a Participant. A service
				member who submits an Article 138 complaint does not have a right to
				participate in any ensuing procedures under this regulation. However, the
				service member may be asked to testify, provide additional information, or
				otherwise assist in resolving the complaint.
G. Presumption of Regularity. If the
				available evidence does not establish the validity of a complaint, despite
				vigorous, good faith investigative efforts to do so, a commanding officer is
				presumed to have acted properly.
H.
				Processing Complaints Through Command Channels. Complaints are processed in the
				chain of command. Area jurisdiction and attachments and assignments for LCMJ or
				other administrative purposes do not affect the processing of Article 138
				complaints. When forwarding a complaint to the Adjutant General, intermediate
				commanders may deviate from strict adherence to command channels if such
				deviation will facilitate action on the complaint. However, no commander who
				has a direct interest in the complaint will be bypassed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-902 - Explanation of Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				terms, "complainant," "complaint," "request for redress," "respondent,"
				"superior commissioned officer," and "wrong" are explained in the
				Glossary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-903 - Inappropriate Subject Matter for Article 138

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The procedures prescribed in this
				chapter are intended to ensure that an adequate official channel for redress is
				available to every service member who believes the service member's commanding
				officer has wronged the service member. For many adverse actions, however,
				there are other, more specific channels and procedures to ensure the service
				member has an adequate opportunity and forum to be heard. Those specific
				procedures usually are more effective and efficient for resolving such matters,
				and Article 138 procedures should neither substitute for nor duplicate them.
				Generally, an action is an inappropriate subject for resolution under Article
				138 procedures when :
1. review is
				specifically provided by the LCMJ or the action is otherwise reviewable by a
				court authorized by the LCMJ or by a military judge or military
				magistrate;
2. it is taken pursuant
				to the recommendation of a board authorized by LANG regulation at which the
				complainant was substantially afforded the rights or a respondent [See Chapter
				5, AR 15-6.];
3. LANG regulations
				specifically authorize an administrative appeal;
4. it is a commander's recommendation or
				initiation of an action included in, or above.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-904 - Making a Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Complainant's Request for Redress. Before submitting a complaint under Article
				138, a member of the Louisiana National Guard must make a written request for
				redress of the wrong to the commanding officer the member believes has wronged
				the member. The request for redress .
1.
				Generally should be prepared in the format shown in Figure 9-1.
2. Must clearly identify the commanding
				officer against whom it is made, the date and nature of the alleged wrong and,
				if possible, the specific redress desired.
3. Will be submitted through command channels
				to the commanding officer who is alleged to have committed the wrong.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-905 - Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A
				member of the Louisiana National Guard may submit an Article 138 complaint for
				any act or omission by the member's commanding officer which the member
				believes to be a wrong and for which the member has requested redress and been
				refused. A member who, through no fault of the member's own, has not received a
				final or interim response within 60 days may elect to treat that fact as a
				refusal of his request for redress.
B. Form of Complaint. Figure 9-1 contains
				sample format for Article 138 complaints. The complaint should :
1. be typed or legibly written and signed by
				the complainant.
2. identify the
				complainant as a member of the Louisiana National Guard subject to the
				LCMJ;
3. identify the complainant's
				current military organization and address;
4. identify the complainant's military
				organization at the time of the alleged wrong;
5. identify the commanding officer whose act
				or omission is complained of;
6.
				indicate the date a written request for redress was submitted to that
				commanding officer and either that:
a. the
				request was refused, in whose or in part, and the date thereof; or
b. a final interim or response was not
				received within 60 days;
7. include a statement that it is a complaint
				submitted under the provisions of Article 138 and this regulation;
8. clearly and concisely describe the
				specific wrong complained of. When not readily apparent, state the reason the
				complainant considers it a wrong;
9. state the specific redress the complainant
				seeks. Unless it is readily apparent, state the reason the complainant
				considers that redress appropriate;
10. Have attached to it:
a. the complainant's request to the
				complainant's commanding officer for redress and the commanding officer's
				response, if any;
b. any supporting
				information or documents the complainant desires to be considered.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-906 - Legal Advice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Complainant. A member who desires to submit an Article 138 complaint may :
1. a member who desires to submit an Article
				138 complaint may consult a Judge Advocate assigned to member of LANG TDS for
				advice and assistance in drafting the complaint. The member also should be
				advised of any other laws or regulations under which he may proceed to seek
				redress. In connection with Article 138 complaints, LANG TDS will be provided
				only for such consultation and advice, but not to represent the member in any
				ensuing Article 138 proceedings;
2.
				consult or retain other legal counsel at no expense to the Government. Such
				counsel may attend any proceedings under this regulation which are open to
				other members of the public, but may not participate in them.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-907 - Action by Person Receiving the Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. A superior commissioned officer who
				receives an Article 138 complaint will promptly forward it to the Adjutant
				General. The person receiving the complaint, or through whom it is forwarded,
				may add pertinent material to the file or grant any redress within that
				person's authority. If either action is taken it will be noted in the
				transmittal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-908 - Determination Not Required by The Adjutant General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Deficient Complaint. If a complaint does
				not substantially meet the requirements of Article 138, as implemented by this
				Chapter, no determination as to the merits of the complaint is required. Unless
				the deficiency is waived [See b. below], such a complaint will be returned to
				the complainant with a written explanation of the deficiency and, if
				correctable, how it may be corrected. Neither the deficient complaint nor the
				TAG's action on the complaint should be forwarded to the Governor.
B. Waivable Deficiencies. The TAG may waive
				the following deficiencies when he considers it necessary in the interest of
				fairness, based upon good cause, and appropriately so noted in the
				correspondence forwarding the complaint .
1.
				The complaint was not delivered to the complainant's superior commissioned
				officer within 90 days of the date of discovery of the wrong.
2. Redress has not been requested and
				refused.
3. The complaint is
				repetitive in that it is substantially the same as a previous complaint by the
				same complainant on which official action has already been taken.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-909 - Withdrawal of Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Once a voluntary request for withdrawal has been received, no further action
				will be taken under this Chapter. This does not preclude other appropriate
				action to resolve any matters raised by the complaint.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-911 - Forwarding Complaint to Governor

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon completion of action on the
				complaint, TAG will forward a summary of the complaint and the action taken to
				the Governor, as required by LCMJ Article 138.
B. Complaint (Figure 9-1)
[UNIT HEADING]
LANG-xxx Date
MEMORANDUM FOR Commander, HHC, 199th Support Battalion,
				  5500
Coliseum Blvd, Alexandria, LA 71303-3707
SUBJECT: Request for Redress (LCMJ Article 138)
On 7 July, 1992 you announced that all members of the unit
				  were encouraged, but not required to join in a work project on the following
				  day, 8 July, 1992, which a domestic action activity was involving cleaning
				  public areas in Leesville, LA. As I had previously made plans for that day, I
				  elected not to participate. Thereafter, you turned down my request for special
				  leave to participate in my cousin's wedding scheduled for 14 July, 1992.
I think your refusal to approve my leave is unreasonable and
				  is in retaliation for my absence from the voluntary domestic action program
				  described above. I consider this a wrong within the meaning of Article 138,
				  LCMJ and LAARNG Reg 27-10, Chapter 11.
As redress, I request approval of my leave request.
JOHN Q. service member
SGT, HHC
199th Support Battalion
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-912 - Military Justice Abbreviations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following abbreviations shall apply
				throughout this regulation unless otherwise expressly provided.
AD - active duty
AR - Army Regulation
ARNG - Army National Guard
AT - annual training
AWOL - absent without leave
BCD - bad conduct discharge
CID - Criminal Investigation Division
DA - Department of Army, District Attorney
DAF - Department of Air Force
DD - Dishonorable Discharge
DOD - Department of Defense
DRU - direct reporting unit
ETS - expiration term of service
F & AO - ( MilPay)
GCM - General Court-Martial
GCMCA - General Court-Martial Convening Authority
IO - investigating officer
JA - judge advocate
JAGC - Judge Advocate Generals' Corps
LA ANG - Louisiana Air National Guard
LAARNG - Louisiana Army National Guard
LCMJ - Louisiana Code of Military Justice (R.S.
				  29:101-242)
MCM - Manual for Courts-Martial, United States, as
				  amended
M.R.E. - Military Rules of Evidence, contained within the
				  MCM
MOS - Military Occupational Specialty
MPRJ - Military Personnel Records Jacket
MUTA - Multiple Unit Training Assembly
NCO - noncommissioned officer
NGB - National Guard Bureau
NJP - non-judicial punishment under LCMJ Article 15
OMPF - official military personnel file
OTH - other than honorable (discharge)
R.C.M. -r ules for courts-martial, contained within the
				  MCM
SCM - summary court-martial
SJA - the state judge advocate
SPCM - special court-martial
SPCMCA - special court-martial convening authority
TAG - the Adjutant General of the State of Louisiana
TJAG - the Judge Advocate General of the U.S. Army
UCMJ - Uniform Code of Military Justice (10 U.S. Code,
				  Chapter 47)
U.S.C. - United States Code
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part III - Benefits › Chapter 1 - National Guard Death and Disability Benefits › Section III-101 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purpose
1. To establish an effective and
				efficient mechanism for fulfilling the provisions of
				R.S.
				22:941(A)(5), which became
				effective on July 6, 2007.
2. To
				govern the submission, evaluation and determination of claims submitted
				pursuant to
				R.S.
				22:941(A)(5).
Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part I - Charitable Bingo, Keno, Raffle › Subpart 1 - Bingo › Chapter 17 - Charitable Bingo, Keno and Raffle › Subchapter A - General Requirements › Section I-1701 - Statement of Department Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The public's health, safety and welfare are the primary considerations in the
					 restatement, repeal, amendment and adoption of these rules. Further, it shall
					 be the policy of the Division of Charitable Gaming to decrease the potential
					 for fraud in the charitable games of chance and to insure that the net proceeds
					 are contributed to bona fide charitable causes and further to prevent the
					 infiltration of elements of organized crime or professional gambling into
					 charitable gaming.
AUTHORITY NOTE:
						Adopted in accordance with
						R.S.
						40:1485.4,
						R.S.
						33:4861.13 C.,
						R.S.
						33:4861.17.