Nevada § 412.424 - Reconsideration and revision of court's ruling; limitations

§ 412.424. Reconsideration and revision of court's ruling; limitations

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: (a) For reconsideration of a finding of not guilty of any specification, or a ruling

which amounts to a finding of not guilty; (b) 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 some section of this Code; or (c) For increasing the severity of the sentence unless the sentence prescribed for

the offense is mandatory.