12-64-707. Rehearings.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-64-707. Rehearings.

12-64-707. Rehearings. (a)(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. (2) In such a case he or she shall state the reasons for disapproval. (3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges. (b)(1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. (2) 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 imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-707

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.