Nevada § 412.432 - Review of records; disposition

§ 412.432. Review of records; disposition

1. Except as otherwise required by this section, all records of trial and related

documents must be transmitted and disposed of as prescribed by regulation and provided

by law. 2. If the convening authority is the Governor, his or her action on the review of

any record of trial is final. 3. In all other cases not covered by subsection 2, if the sentence of a special court-martial

as approved by the convening authority includes a bad-conduct discharge, whether or

not suspended, the entire record must be sent to the appropriate staff judge advocate

or legal officer of the state force concerned to be reviewed in the same manner as

a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer must then

be sent to the State Judge Advocate for review. 4. All other special and summary court-martial records must be sent to the law specialist

or legal officer of the appropriate force of the Nevada National Guard and must be

acted upon, transmitted and disposed of as may be prescribed by Office regulations. 5. The State Judge Advocate shall review the record of trial in each case sent to

him or her for review as provided under subsection 4. 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 must be limited to questions

of jurisdiction. 6. The State Judge Advocate shall take final action in any case reviewable by him

or her. 7. 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. The State Judge Advocate 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. 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. 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. If the State Judge Advocate sets aside the findings and sentence and does not order

a rehearing, he or she shall order that the charges be dismissed. 8. 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. If the State Judge Advocate has ordered a rehearing but the convening authority

finds a rehearing impracticable, he or she may dismiss the charges. 9. The State Judge Advocate may order one or more boards of review each composed of

not less than three commissioned officers of the Nevada National Guard, each of whom

must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial,

including a sentence to a bad-conduct discharge, referred to it by the State Judge

Advocate. Boards of review have the same authority on review as the State Judge Advocate has

under this section.