reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.800 - Unlawfully Influencing Action of the Court

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No authority convening a general,
				special or summary court-martial, nor any other commanding officer, or officer
				serving on the staff
of the commanding officer
, may censure,
				reprimand or admonish the court or any member, the military judge, or
				counsel
of the court
, with respect to the findings or sentence
				adjudged by the court or with respect to any other exercise of its or their
				functions in the conduct of the proceedings. No person subject to
the
Code may attempt to coerce or, by any unauthorized means, influence the
				action of a court-martial or court of inquiry or any member of these bodies, in
				reaching the findings or sentence in any case, or the action of any convening,
				approving or reviewing authority with respect to their judicial acts. This
				subsection (a) shall not apply with respect to:
1)
general instructional or
				informational courses in military justice if those courses are designed solely
				for the purpose of instructing members of a command in the substantive and
				procedural aspects of courts-martial; or
2)
statements and instructions given
				in open court by the military judge, summary court-martial officer, or
				counsel.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.805 - Duties of Trial Counsel and Defense Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Trial Counsel.
The trial counsel
				of a general or special court-martial shall be a member in good standing of the
				State bar and shall prosecute in the name of the State of Illinois, and shall,
				under the direction of the court, prepare the record of the
				proceedings.
b) Counsel
				for the Accused
1)
The accused has
				the right to be represented in defense before a general or special
				court-martial or at an investigation under Code Section 32 as provided in this
				subsection (b).
2)
The accused may be represented by civilian counsel at the provision and
				expense of the accused.
3)
The accused may be represented by:
A)
military counsel detailed under
				Code Section 27; or
B)
military counsel of the accused's own selection if that counsel is
				reasonably available as determined under subsection (b)(9)
.
4)
If the accused is
				represented by civilian counsel, military counsel detailed or selected under
				subsection (b)(3) shall act as associate counsel unless excused at the request
				of the accused
.
5)
Except as provided under subsection (b)(6), if the accused is
				represented by military counsel of his or her own selection under
subsection
(b)(3)(B), any military counsel detailed under subsection
				(b)(3)(A) shall be excused
.
6)
The accused is not entitled to be
				represented by more than one military counsel.
However, the convening
				authority, in his or her sole discretion, may:
A)
detail additional military counsel
				as assistant defense counsel
; and
B)
if the accused is represented by
				military counsel of the accused's own selection under subsection (b)(3)(B),
				approve a request from the accused that military counsel detailed under
				subsection (b)(3)(A) act as associate defense counsel
. (Code Section
				38(b)(1) through (6))
7)
				Under the supervision of the defense counsel, an assistant defense counsel may
				perform any act or duty that a defense counsel may perform under the Code or
				this Manual.
8) Defense counsel may
				be excused only with the express consent of the accused or by the military
				judge upon application for withdrawal by the defense counsel for good cause
				shown, unless defense counsel faces immediate ethical or moral dilemma in
				ongoing representation.
9)
The senior
judge advocate of the same
force
of which the accused is a member shall determine whether the military
				counsel selected by an accused is reasonably available
. (Code Section
				38(b)(7))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.810 - Sessions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Call to Session
1)
At any time after the service of
				charges that have been referred for trial to a court-martial composed of a
				military judge and members, the military judge may, subject
				to
Code Section 35, call the court into session without the
				presence of the members for the purpose of:
A)
hearing and determining motions
				raising defenses or objections that are capable of determination without trial
				of the issues raised by a plea of not guilty;
B)
hearing and ruling upon any matter
				that may be ruled upon by the military judge under the Code, whether or not the
				matter is appropriate for later consideration or decision by the members of the
				court;
C)
holding
				the arraignment and receiving the pleas of the accused; and
D)
performing any other procedural
				function that does not require the presence of the members of the court
				under
the
Code
.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.815 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The military
				judge may issue, in writing or by oral order, any continuance as necessary, and
				may do so without conducting a formal motions hearing so long as all parties
				are promptly notified.
b)
A
				military judge may, for reasonable cause, grant a continuance to any party for
				such time, and as often, as may appear to be just.
(Code Section
				40)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.820 - Challenges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Challenges in
				General
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 or the
				court shall determine the relevancy and validity of challenges for cause and
				may not receive a challenge to more than one person at a time. Challenges by
				the trial counsel shall ordinarily be presented and decided before those by the
				accused are offered.
2)
If exercise of a challenge for cause reduces the court below the
				minimum number of members required by Code Section 16, all parties shall,
				notwithstanding Code Section 29, either exercise or waive any challenge for
				cause then apparent against the remaining members of the court before
				additional members are detailed to the court. However, peremptory challenges
				shall not be exercised at that time.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.825 - Oaths

Current through Register Vol. 48, No. 28, July 12, 2024
a) Oath by Trial
				Participants.
Before performing their respective duties, military
				judges, general and special courts-martial members, trial counsel, defense
				counsel, reporters, and interpreters shall take an oath or affirmation in the
				presence of the accused to perform their duties faithfully. The form of the
				oath or affirmation
is prescribed in subsection (f).
The time
				and place of the taking of the oath or affirmation, the manner of recording the
				oath or affirmation, and whether the oath or affirmation shall be taken for all
				cases in which these duties are to be performed or for a particular case, shall
				be as prescribed in statute or this Manual. These regulations may provide that
				an oath or affirmation to perform faithfully the duties as a military judge,
				trial counsel or defense counsel may be taken at any time by any judge advocate
				or other person certified or designated to be qualified or competent for the
				duty
(e.g., a court reporter or notary public)
. If an oath or
				affirmation is taken, it need not again be taken at the time the judge advocate
				or other person is detailed to that duty.
b) Oath by Witnesses.
Each witness
				before a court-martial shall be examined under oath or affirmation.
(Code Section 42)
c) Administrators
				of Oaths.
The following persons may administer oaths for the purposes
				of military justice:
1)
All
				judge advocates.
2)
All summary courts-martial.
3)
All adjutants, assistant adjutants
				acting adjutants, and personnel adjutants.
4)
The president, military judge and
				trial counsel for all general and special courts-martial.
5)
The president and the counsel for
				the court of any court of inquiry
(see Section 400.1300
				)
.
6)
All
				officers designated to take a deposition.
7)
All persons detailed to conduct an
				investigation.
8)
All other persons designated by U.S. Army regulation 27-55
(notary services)
or by
10 USC 1041a (authority to act as a
				notary)
.
(Code Section 136(a) and (b))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.830 - Statute of Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Except as otherwise provided in this
Section
, a person
				charged with any offense is not liable to be tried by court-martial or punished
				under Code Section 15 if the offense was committed more than
3 years
before the receipt of sworn charges and specifications by an officer
				exercising court-martial jurisdiction over the command or before the imposition
				of punishment under
Code
Section
				15
.
b)
Periods in
				which the accused is absent without authority or fleeing from justice shall be
				excluded in computing the period of limitation prescribed in this
				Section.
c)
The
				following periods shall be excluded in computing the period of limitation
				prescribed in this Section:
1)
Periods in which the accused was absent from territory in
				which
the
State has the authority to apprehend
				the accused;
2)
Periods when the accused was in the custody of civil authorities;
				or
3)
Periods when
				the accused was in the hands of the enemy.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.835 - Former Jeopardy

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person may, without his or her consent, be tried a second time for
				the same offense.
b)
No proceeding in which an accused has been found guilty by a
				court-martial upon any charge or specification is a trial in the sense of this
				Section until the finding of guilty has become final after review of the case
				has been fully completed.
c)
A proceeding that, after the
				introduction of evidence but before a finding, is dismissed or terminated by
				the convening authority or on motion of the prosecution for failure of
				available evidence or witnesses without any fault of the accused is a trial in
				the sense of this Section.
(Code Section 44)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.840 - Arraignment and Pleas of the Accused

Current through Register Vol. 48, No. 28, July 12, 2024
a) Arraignment shall be conducted in a
				court-martial session and shall consist of reading the charges and
				specifications to the accused and calling on the accused to plead. The accused
				may waive the reading.
b) Persons
				subject to the Code are presumed innocent and cannot be found guilty without
				either:
1) being found guilty at
				courts-martial; or
2) knowingly and
				voluntarily entering an open or negotiated plea of guilty.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.845 - Opportunity to Obtain Witnesses and Other Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Trial counsel shall assist defense counsel
				and issue subpoenas or other process as reasonably requested by defense
				counsel. Trial counsel shall not withhold evidence from defense
				counsel.
b)
The trial
				counsel, the defense counsel, and the court-martial shall have equal
				opportunity to obtain witnesses and other evidence as prescribed by regulations
				and provided by law. Process issued in court-martial cases to compel witnesses
				to appear and testify and to compel the production of other evidence shall
				apply the principles of law and the rules of courts-martial generally
				recognized in military criminal cases in the courts of the armed forces of the
				United States, but may not be contrary to or inconsistent with
				the
Code. Process shall run to any part of the United States,
				or the U.S. territories, commonwealths and possessions, and may be executed by
				civil officers as prescribed by the laws of the place where the witness or
				evidence is located or of the United States.
(Code Section
				46)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.850 - Refusal to Appear or Testify

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				military judge may issue such warrants or body attachments for the arrest of
				any person refusing to appear pursuant to Code Section 47, in addition to any
				other relief deemed just and appropriate under Illinois law.
b)
The military court may punish in
				the same manner as a criminal court of the State
any person not
				subject to the Code who:
1)
has been duly subpoenaed to appear as a witness or to produce books and
				records before a court-martial or court of inquiry, or before any military or
				civil officer designated to take a deposition to be read in evidence before
				such a court;
2)
has been duly paid or tendered the fees and mileage of a witness at the
				rates allowed to witnesses attending a criminal court
				of
the
State; and
3)
willfully neglects or refuses to
				appear, or refuses to qualify as a witness or to testify or to produce any
				evidence that person may have been legally subpoenaed to
				produce.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.855 - Contempt

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A
				military judge may punish for contempt any person who refuses a court order, is
				disrespectful to the court, or who uses any menacing word, sign or gesture in
				its presence, or who disturbs its proceedings by any riot or
				disorder.
b)
A
				person subject to
the
Code may be punished for
				contempt by confinement not to exceed 30 days or a fine up to $500, or
				both.
c)
A person
				not subject to
the
Code may be punished for
				contempt by a military court in the same manner as a criminal court
				of
the
State
. (Code Section
				48)
d) Any appeal shall be to the
				Fourth District of the Illinois Appellate Court.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.860 - Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Trial and
				defense counsel should be mindful of the accused's constitutional rights and
				shall not seek deposition except as a last resort when other methods to secure
				attendance of the witness has failed.
b)
At any time after charges have
				been signed as provided in Code Section 30, any party may take oral or written
				depositions unless the 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
.
c)
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
.
d)
Depositions may be taken before
				and authenticated by any military or civil officer authorized by the laws
				of
the
State or by the laws of the place where
				the deposition is taken to administer oaths
.
e)
A 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 or, in the case
				of audiotape, videotape, digital image or file, or similar material, may
				be
admitted
in evidence before any military court if it
				appears that
:
1)
the witness
				resides or is beyond the state in which the court is ordered to sit, or beyond
				100 miles from the place of trial or hearing;
2)
the witness, by reason of death,
				age, sickness, bodily infirmity, imprisonment, military necessity,
				nonamenability to process, or other reasonable cause, is unable or refuses to
				appear and testify in person at the place of the trial or hearing;
				or
3)
the present
				whereabouts of the witness is unknown
. (Code Section 49)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.865 - Admissibility of Records of Courts of Inquiry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
In any case not extending to the
				dismissal of a commissioned officer, the sworn testimony, contained in the duly
				authenticated record of proceedings of a court of inquiry, of a person whose
				oral testimony cannot be obtained, may, if otherwise admissible under the rules
				of evidence, be read in evidence by any party before a court-martial if the
				accused was a party before the court of inquiry and if the same issue was
				involved or if the accused consents to the introduction of that
				evidence.
b)
The
				testimony may be read in evidence only by the defense in cases extending to the
				dismissal of a commissioned officer.
c)
The testimony may also be read in
				evidence before a court of inquiry
. (Code Section 50)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.870 - Defense of Lack of Mental Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
It is an affirmative defense in a
				trial by court-martial that, at the time of the commission of the acts
				constituting the offense, the accused, as a result of a severe mental disease
				or defect, was unable to appreciate the nature and quality or the wrongfulness
				of the acts. Mental disease or defect does not otherwise constitute a
				defense.
b)
The
				accused has the burden of proving the defense of lack of mental responsibility
				by clear and convincing evidence.
c)
Whenever lack of mental
				responsibility of the accused with respect to an offense is properly at issue,
				the military judge shall instruct the members of the court as
to
the defense of lack of mental responsibility under Code Section 50a and
				charge them to find the accused
g
uilty, not guilty or not
				guilty only by reason of lack of mental responsibility.
d)
Subsection (c) does not apply to a
				court-martial composed of a military judge only. In the case of a court-martial
				composed of a military judge only, whenever lack of mental responsibility of
				the accused with respect to an offense is properly at issue, the military judge
				shall find the accused guilty, not guilty or
not guilty only by
				reason of lack of mental responsibility.
e)
Notwithstanding the provisions of
				Code Section 52, the accused shall be found not guilty only by reason of lack
				of mental responsibility if
:
1)
a majority of the members of the court-martial present at the time the
				vote is taken determines that the defense of lack of mental responsibility has
				been established; or
2)
in the case of a court-martial composed of a military judge only, the
				military judge determines that the defense of lack of mental responsibility has
				been established
. (Code Section 50a)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart G - TRIAL PROCEDURES › Section 400.880 - Withdrawal of Guilty Plea

Current through Register Vol. 48, No. 28, July 12, 2024
An accused may withdraw a plea of guilty as provided in RCM
				  910(h)(1) and (2).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart H - SENTENCING › Section 400.900 - Presentencing Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
In a court-martial trial conducted under the Code resulting
				  in a finding of guilt, the court shall follow the presentencing procedures
				  provided in RCM 1001 through 1003 and 1005 through 1011 (RCM Chapter X
				  (Sentencing, Rule)), except that neither death nor confinement in excess of 10
				  years may be adjudged.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart H - SENTENCING › Section 400.905 - Sentencing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cruel and
				Unusual Punishment Prohibited
1) Persons
				subject to the Code will be afforded all constitutional protections against
				cruel and unusual punishment, in accordance with U.S. Supreme Court and
				Illinois Supreme Court case law.
2)
Punishment by flogging, or by branding, marking or tattooing on the
				body, or any other cruel or unusual punishment may not be adjudged by a
				court-martial or inflicted upon any person subject to the Code. The use of
				irons, single or double, except for the purpose of safe custody, is
				prohibited
. (Code Section 55)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1000 - Post-Trial Procedure and Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appellate procedures for all convictions
				under the Code and this Manual shall be in accordance with those of the
				Illinois Appellate Court, Fourth District.
b) In each general and special court-martial,
				prior to adjournment, the military judge shall ensure that the defense counsel
				has informed the accused orally and in writing of:
1) The right to submit matters to the
				convening authority to consider before taking action;
2) The right to appellate review, as
				applicable, and the effect of waiver or withdrawal of that right; and
3) The right to the advice and assistance of
				counsel in the exercise of the rights described in subsections (b)(1) and (2)
				or any decision to waive them. The written advice to the accused concerning
				post-trial and appellate rights shall be signed by the accused and the defense
				counsel and inserted in the record of trial as an appellate exhibit.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1005 - Error of Law; Lesser Included Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A finding or sentence of a
				court-martial may not be held incorrect on the ground of an error of law unless
				the error materially prejudices the substantial rights of the
				accused
.
b)
Any
				reviewing authority with the power to approve or affirm a finding of guilty may
				approve or affirm, instead, so much of the finding as includes a lesser
				included offense
. (Code Section 59)
c) Any challenges to an error of law must be
				raised in a timely post-trial motion. Constitutional challenges may be raised
				at any time, including on appeal.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1010 - Preparation of the Record of Trial; Authentication; Service; Loss; Correction

Current through Register Vol. 48, No. 28, July 12, 2024
In every court-martial trial conducted under the Code, the
				  record of trial shall be prepared, authenticated and served substantially in
				  accordance with RCMs 1103 through 1104. Any reference in those RCMs to the
				  "Court of Criminal Appeals" shall instead refer to the "Illinois Appellate
				  Court".
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1015 - Recommendation of the State Judge Advocate

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before acting on a finding of guilt on any
				general or special court-martial in which there is a finding of guilt, the
				convening authority must obtain the written concurrence of the State Judge
				Advocate or designee by means of legal review. The convening authority will
				refer the authenticated record of trial to the State Judge Advocate who shall
				use it in preparation of the review.
b) Content. The legal review shall be in
				writing and shall contain the following:
1)
				Conclusions as to whether:
A) The court had
				jurisdiction over the accused and the offense;
B) The charge and specification stated an
				offense;
C) The sentence was within
				the limits prescribed as a matter of law.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1020 - Matters Submitted by the Accused

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. After a sentence is adjudged in
				any court-martial under the Code, the accused may submit matters to the
				convening authority in accordance with this Section.
b) Matters That May Be Submitted
1) The accused may submit to the convening
				authority any matters that may reasonably tend to affect the convening
				authority's decision whether to disapprove any findings of guilty or to approve
				the sentence. Submissions must be in writing.
2) Submissions may include allegations of
				errors affecting the legality of the proceedings, portions or summaries of the
				record and copies of documentary evidence offered or introduced at trial,
				matters in mitigation not available at trial, and clemency recommendations from
				any person.
3) The accused may
				waive his or her right to make a submission to the convening authority,
				provided the waiver is in writing. Once accepted by the convening authority,
				waiver may not be revoked.
4)
				Failure to object to matters in the State Judge Advocate's recommendation
				waives the right to object to that matter.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1025 - State Judge Advocate's Addendum

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State Judge Advocate or designee may,
				by addendum, supplement the recommendation after the accused and counsel have
				been served with the recommendation and given an opportunity to submit matters
				and comment.
b) If the addendum
				introduces new matter after the accused and counsel have examined the
				recommendation, the accused and counsel must be served with the addendum
				containing new matter and given 30 days from service of the addendum to submit
				comments.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1030 - Action by the Convening Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who May Take Action. The convening
				authority shall take action on the sentence and, in the discretion of the
				convening authority, the findings, unless it is impractical. If it is
				impracticable for the convening authority to act, the convening authority
				shall, in accordance with regulations promulgated by the Adjutant General,
				forward the case to an officer exercising general court-martial jurisdiction
				who may take action. (See NGIL Reg. 27-10/NGIL-ANGI 51-202, paragraph
				9-1(b)(1).)
b) Discretion to
				Modify. The authority
to modify the findings and sentence of a
				court-martial is a matter of command prerogative involving the sole discretion
				of the convening authority
or other officer authorized to take
				action.
c) Action on the Sentence.
Action may be taken only after consideration of any matters submitted
				by the accused, or after the time
to submit them has expired,
whichever is earlier
. In his or her sole discretion,
the convening authority or other
officer authorized to
take action may approve, disapprove, commute or suspend the sentence in
				whole or in part
. The action may mitigate the sentence and change
				punishment to one of a different nature as long as the severity of the
				punishment is not increased. The action may not increase the punishment imposed
				by the court-martial. The action shall explicitly state approval or disapproval
				of the adjudged sentence.
d) Action
				on the Findings.
The convening authority or other
officer
acting on the sentence is not required
to take action on the
				findings.
However, that person, in his or her sole discretion,
				may
:
1)
Dismiss any charge
				or specification by setting aside a finding of guilty; or
2)
Change a finding of guilty to a
				charge or specification to a finding of guilty to an offense that is a lesser
				included offense of the offense stated in the charge or specification
.
				(Code Section 60(c))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1035 - General and Special Courts-Martial in Which There is a Finding of Guilty; Review by Senior Force Judge Advocate; Action by the Adjutant General

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to
				the judge advocate's recommendation under Code Section 60,
in a general
				and special court-martial in which there is a finding of guilt, the State Judge
				Advocate or designee shall review the case.
No person
may
				review the case who has acted as an accuser, member, military judge, trial
				counsel, assistant trial counsel, defense counsel, associate or assistant
				defense counsel, or investigating officer in that case. The review shall be in
				writing and shall contain the following:
1)
Conclusions as to
				whether:
A)
The court had
				jurisdiction over the accused and the offense;
B)
The charge and specification
				stated an offense;
C)
The sentence was within the limits prescribed as a matter of
				law.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1040 - Withdrawal of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				accused has a right to appeal. This right to appeal is permissive and not
				automatic. There are no exceptions to the right to appeal.
b)
In each case subject to appellate
				review under
the
Code, the accused may file
				with the convening authority a statement expressly withdrawing the right of the
				accused to appeal. The withdrawal shall be signed by both the accused and his
				or her defense counsel and must be filed in accordance with appellate
				procedures as provided by
Article VI of the Illinois Supreme Court
				Rules (Appeals in Criminal Cases, Post-Conviction Cases and Juvenile Court
				Proceedings).
c)
The
				accused may withdraw an appeal at any time in accordance with appellate
				procedures as provided by
Supreme Court Rules, Article VI. The
				withdrawal must be in writing. (Code Section 61)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1045 - Appeal by the State

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General
1)
In a trial by
				court-martial in which a punitive discharge may be adjudged, the State may
				appeal the following, other than a finding of not guilty with respect to the
				charge or specification by the members of the court-martial, or by a judge in a
				bench trial, so long as it is not made in reconsideration
:
A)
An order or ruling of the military
				judge that terminates the proceedings with respect to a charge or
				specification
;
B)
An order or ruling that excludes evidence that is substantial proof of
				a fact material in the proceeding
;
C)
An order or ruling that directs
				the disclosure of classified information
;
D)
An order or ruling that imposes
				sanctions for nondisclosure of classified information
;
E)
A refusal of the military judge to
				issue a protective order sought by the State to prevent the disclosure of
				classified information
; or
F)
A refusal by the military judge to
				enforce an order described in subsection (a)(1)(E) that has previously been
				issued by appropriate authority
.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1050 - Rehearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each
				rehearing under
the
Code shall take place
				before a court-martial composed of members not members of the court-martial
				that first heard the case
.
b)
Upon a rehearing, the accused may
				not be tried for any offense of which he or she was found not guilty by the
				first court-martial, and no sentence in excess of, or more severe than, the
				original sentence may be approved, unless the sentence is based 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
.
c)
If
				the sentence approved after the first court-martial was in accordance with a
				pretrial agreement and the accused at the rehearing changes a plea with respect
				to the charges or specifications upon which the pretrial agreement was based,
				or otherwise does not comply with the pretrial agreement, the approved sentence
				as to those charges or specifications may include any punishment not in excess
				of that lawfully adjudged at the first court-martial
. (Code Section
				63)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1055 - Procedures for Rehearing, New Trials and Other Trials

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) Definition. "Other trial" means another
				trial of a case in which the original proceedings were declared invalid because
				of lack of jurisdiction or failure of a charge to state an offense.
2) Rehearing in Full and New or Other Trials.
				In rehearings that require findings on all charges and specifications referred
				to a court-martial and in new or other trials, the procedure shall be the same
				as in an original trial except as otherwise provided in this Section.
3) Rehearing on Sentence Only. In a rehearing
				on sentence only, the procedure shall be the same as in an original trial,
				except that the portion of the procedure that ordinarily occurs after
				challenges, and through the findings, is omitted, and except as otherwise
				provided in this Section.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1060 - Disposition of Records After Review by the Convening Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The original
				record of trial and all related documents shall be retained at Joint Force
				Headquarters, Office of the Staff Judge Advocate, 1301 N. MacArthur Blvd.,
				Springfield IL 62702.
b)
				Court-martial convictions shall be reported to other necessary authorities in
				accordance with Illinois law (e.g., the FOID Act, etc.).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1065 - Review by State Appellate Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Decisions of a court-martial are
				from a court with jurisdiction to issue misdemeanor and felony
				convictions
.
b)
All appeals from final decisions of a court-martial shall be to the
				Illinois Appellate Court
in the same manner as are final
				decisions of a circuit court in accordance with the Illinois Appellate Court
				Act
.
c) The senior force
				judge advocate shall coordinate with the Clerk of the Illinois Appellate Court,
				Fourth District to ensure that all filing requirements and State deadlines on
				appeal are met.
d) Upon request,
				the senior force judge advocate will ensure that a copy of this Manual and the
				Code are provided to the Clerk of the Illinois Appellate Court, Fourth District
				for reference during proceedings.
e)
No appeal from a judgment entered
				upon a plea of guilty shall be taken except in accordance with
Article
				VI of the Illinois Supreme Court Rules (Appeals in Criminal Cases,
				Post-Conviction Cases and Juvenile Court Proceedings)
f)
Unless waived, an accused may
				appeal as a matter of right a finding of guilt resulting in an approved
				sentence of one-year confinement or more, or in a dismissal for a commissioned
				officer or warrant officer, a dishonorable discharge, or a bad-conduct
				discharge
in the case of an enlisted member.
g)
The appellate rights and
				procedures to be followed shall be those provided by applicable law
				and
Supreme Court Rules, Article VI. (Code Section 67a)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1070 - Appellate Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				senior force judge advocate shall coordinate with the Attorney General
				regarding review or appeal of cases specified in Code Section 67a.
The
				Attorney General may appoint a judge advocate nominated by the senior force
				judge advocate as Special Assistant Attorney General to act as appellate
				government counsel to represent the State. The appointment as Special Assistant
				Attorney General shall be at the discretion of the Attorney General
.
				Appellate government counsel must be a member in good standing of the Illinois
				bar.
b)
Upon an appeal
				by
the
State, an accused has the right to be
				represented by detailed military counsel before any reviewing authority and
				before any appellate court
.
c)
Upon the appeal by an accused, the
				accused has the right to be represented by military counsel before any
				reviewing authority
.
d)
Upon the request of an accused entitled to be so represented, the
				senior force judge advocate shall appoint a judge advocate to represent the
				accused in the review or appeal of cases specified in subsections (b) and
				(c)
.
e)
An accused
				may be represented by civilian appellate counsel at no expense
				to
the
State
. (Code Section
				70)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1075 - Execution of Sentence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Suspension of Sentence
1)
If the
approved
sentence of the court-martial extends
				to dismissal or a dishonorable or bad-conduct discharge, and if the right of
				the accused to appellate review is not waived, and an appeal is not withdrawn
				under Code Section 61
,
that part of the sentence extending to
				dismissal or a dishonorable or bad-conduct discharge may not be executed until
				there is a final judgment as to the legality of the proceedings. A judgment as
				to the legality of the proceedings is final in these cases when review is
				completed by the
Illinois Appellate Court for the Fourth District (see
				Code Section 67a)
and is deemed final by the law of this
				State
.
2)
If the
				sentence of the court-martial extends to dismissal or a dishonorable or
				bad-conduct discharge, and if the right of the accused to appellate review is
				waived, or an appeal is withdrawn under Code Section 61,
that
				part of the sentence extending to dismissal or a dishonorable or bad-conduct
				discharge may not be executed until review of the case by the senior force
				judge advocate and any action on that review under Code
Section
				64 is completed. Any other part of a court-martial sentence may be ordered
				executed by the convening authority or other person acting on the case under
				Code Section 60 when so approved under that
statute. (Code Section
				71)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1080 - Petition for a New Trial

Current through Register Vol. 48, No. 28, July 12, 2024
a)
At any time within 2 years after approval by the convening authority of
				a court-martial sentence, the accused may petition the Adjutant General for a
				new trial on the grounds of newly discovered evidence or fraud on the
				court-martial
. (Code Section 73)
b) A petition for a new trial of the facts
				may not be submitted on the basis of newly discovered evidence when the
				petitioner was found guilty of the relevant offense pursuant to a guilty
				plea.
c) The form of the petition
				shall comply with RCM 1210.
d)
				Newly Discovered Evidence. A new trial shall not be granted on the grounds of
				newly discovered evidence unless the petition shows that:
1) The evidence was discovered after
				trial;
2) The evidence is not such
				that it would have been discovered by the petitioner at the time of trial in
				the exercise of due diligence; and
3) The newly discovered evidence, if
				considered by a court martial in light of all other pertinent evidence, would
				probably produce a substantially more favorable result for the
				accused.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1085 - Remission and Suspension of Sentence; Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Remission and Suspension of Sentence
1)
Any authority competent to
				convene, for the command in which the accused is serving or assigned, a court
				of the kind that imposed the sentence may remit or suspend any part or amount
				of the unexecuted part of any sentence, including all uncollected forfeitures
				other than a sentence approved by the Governor
.
2)
The Governor may, for good cause,
				substitute an administrative form of discharge for a discharge or dismissal
				executed in accordance with the sentence of a court-martial
. (Code
				Section 74)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1090 - Finality of Proceedings, Findings and Sentence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The appellate review of records of
				trial provided by
the
Code, the proceedings, findings, and
				sentences of courts-martial as approved, reviewed or affirmed as required
				by
the
Code, and all dismissals and discharges carried into
				execution under sentences by courts-martial following approval, review or
				affirmation as required by
the
Code, are final and
				conclusive
.
b)
Orders publishing the proceedings of courts-martial and all action
				taken pursuant to those proceedings are binding upon all departments, courts,
				agencies and officers of the United States and the several states, subject only
				to action upon a petition for a new trial as provided in Code Section 73 and to
				action under Code Section 74
. (Code Section 76)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart I - POST-TRIAL PROCEDURE AND REVIEWS › Section 400.1095 - Leave Required to be Taken Pending Review of Certain Court-Martial Convictions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Under
				regulations prescribed, an accused who has been sentenced by a court-martial
				may be required to take leave pending completion of action if the sentence, as
				approved under Code Section 60, includes an unsuspended dismissal or an
				unsuspended dishonorable or bad-conduct discharge
.
b)
The accused may be required to
				begin leave on the date on which the sentence is approved under Code Section 60
				or at any time after that date. The leave may be continued until it is
				completed or may be terminated at any earlier time
in accordance with
				applicable regulations of the armed forces. (Code Section 76a)