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12-64-704. Review of records — Disposition.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-704. Review of records — Disposition.
(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final.
(b)(1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor.
(2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review.
(c) All other court-martial records shall be sent to a judge advocate and shall be acted upon, transmitted, and disposed of as shall be prescribed by the Governor.
(d)(1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review.
(2) The State Judge Advocate shall take final action in any case reviewable by him or her.
(3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.
(e) If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate shall be limited to questions of jurisdiction.
(f)(1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved.
(2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and hea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-704
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-64-704
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 457335242b67dde784c8f510b4e76fdefe97fd2f372abd2caea2cbfb84a5c64d
Source location: content.xml paragraph 19211
Stored source content
12-64-704. Review of records — Disposition.
(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final.
(b)(1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor.
(2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review.
(c) All other court-martial records shall be sent to a judge advocate and shall be acted upon, transmitted, and disposed of as shall be prescribed by the Governor.
(d)(1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review.
(2) The State Judge Advocate shall take final action in any case reviewable by him or her.
(3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.
(e) If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate shall be limited to questions of jurisdiction.
(f)(1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved.
(2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(g)(1) If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing.
(2) If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
(3) In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review.
(4) If he or she has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.
(h)(1) The State Judge Advocate:
(A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and
(B) Shall order a board of review to hear the appeal of any court-martial demanded under § 12-64-714.
(2) Each board of review shall review the record of any trial by court-martial referred to it by the State Judge Advocate.
(3) Boards of review have the same authority on review as the State Judge Advocate has under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-714. Appeal.
(a)(1)(A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to:
(i) The Supreme Court; or
(ii) If the rules of the Supreme Court provide, the Court of Appeals.
(B) The Arkansas Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code.
(2) When an accused has exhausted all other rights of review with the organized militia, the accused may appeal the conviction and sentence of any court-martial that does not sentence the accused to incarceration to a board of review as provided under § 12-64-704.
(b) The proceedings for an appeal shall be initiated by filing a notice of appeal with the Adjutant General. The notice of appeal shall be served on the Adjutant General personally or by certified mail. It shall be unnecessary to serve other parties. Any appeal shall be filed with the Adjutant General no more than thirty (30) days after the effective date of the sentence under § 12-64-604.
(c) The record of any court-martial conviction and sentence appealed shall be lodged in the office of the clerk of the court within the time prescribed by law or court rule for filing an appeal of a criminal conviction in a circuit court in this state, and not thereafter, and only after the party appealing has paid to the Adjutant General the costs for preparation of the certified transcripts and to the military court clerk the filing costs, except for paupers as provided for by the appellate court rules.
(d) In all cases of appeal to the Supreme Court or Court of Appeals, the appeal shall be taken on the record in the case, consisting of pertinent
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-714
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-64-714. This identifies an authority to review, not proof of applicability.