Ohio § 5924.51

§ 5924.51.

(A) Voting by members of a general or special court-martial on the findings and on the

sentence, and by members of a court-martial without a military judge upon questions

of challenge, shall be by secret written ballot.  The junior member of the court shall in each case count the votes.  The count shall be checked by the president, who shall forthwith announce the result

of the ballot to the members of the court. (B) The military judge and, except for questions of challenge, the president of a court-martial

without a military judge shall rule upon all questions of law and all interlocutory

questions arising during the proceedings.  Any such ruling made by the military judge upon any question of law or any interlocutory

question other than the factual issue of mental responsibility of the accused, or

by the president of a special court-martial, without a military judge upon any question

of law other than a motion for a finding of not guilty, is final and constitutes the

ruling of the court.  However, the military judge or the president of a court-martial without a military

judge may change the ruling at any time during the trial.  Unless the ruling is final, if any member objects thereto, the court shall be cleared

and closed and the question decided by a voice vote as provided in section 5924.52 of the Revised Code , beginning with the junior in rank. (C) Before a vote is taken on the findings, the military judge or the president of a

court-martial without a military judge shall, in the presence of the accused and counsel,

instruct the members of the court as to the elements of the offense and charge them: (1) That the accused must be presumed to be innocent until guilt is established by legal

and competent evidence beyond reasonable doubt; (2) That in the case being considered, if there is a reasonable doubt as to the guilt

of the accused, the doubt must be resolved in favor of the accused, and the accused

must be acquitted; (3) That, if there is a reasonable doubt as to the degree of guilt, the finding must

be in a lower degree as to which there is no reasonable doubt;  and (4) That the burden of proof to establish the guilt of the accused beyond reasonable

doubt is upon the state. (D) Divisions (A), (B), and (C) of this section do not apply to a court-martial composed

of a military judge only.  The military judge of such a court-martial shall determine all questions of law

and fact arising during the proceedings and, if the accused is convicted, adjudge

an appropriate sentence.  The military judge of such a court-martial shall make a general finding and shall

in addition on request make specific findings of fact.  If an opinion or memorandum of decision is filed, it will be sufficient if the findings

of fact appear therein.