Missouri § 40.195 - Record returned for reconsideration, when.
Full text of Missouri Revised Statutes of Missouri § 40.195 — Record returned for reconsideration, when., with citation guidance and answers to common questions.
§ 40.195. Record returned for reconsideration, when.
1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(1) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of sections 40.005 to 40.490; or
(3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
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(L. 1984 H.B. 1035 § 63)
---- end of effective 28 Aug 1984 ----
Frequently Asked Questions About Missouri § 40.195
What does Revised Statutes of Missouri § 40.195 cover?
Section 40.195 ("Record returned for reconsideration, when.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 40.195?
A common citation format is "Revised Statutes of Missouri § 40.195" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 40.195 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.