Oklahoma § 44-841 - Challenges

§ 44-841. Challenges

ARTICLE 41. Challenges.

A. 1. The military judge and members of a general or special

court-martial may be challenged by the accused or the trial counsel

for cause stated to the court. The military judge shall determine

the relevancy and validity of challenges for cause, and may not

receive a challenge to more than one person at a time. Challenges

by the trial counsel shall ordinarily be presented and decided

before those by the accused are offered.

2. If exercise of a challenge for cause reduces the court below

the number of members required by Section 816 of this title (Article

16), all parties shall, notwithstanding Section 829 of this title

(Article 29), either exercise or waive any challenge for cause then

apparent against the remaining members of the court before

additional members are detailed to the court. However, peremptory

challenges shall not be exercised at that time.

B. 1. Each accused and the trial counsel are entitled

initially to one peremptory challenge of the members of the court.

The military judge may not be challenged except for cause.

Oklahoma Statutes - Title 44. Militia

2. If exercise of a peremptory challenge reduces the court

below the number of members required by Section 816 of this title

(Article 16), the parties shall, notwithstanding Section 829 of this

title (Article 29), either exercise or waive any remaining

peremptory challenge (not previously waived) against the remaining

members of the court before additional members are detailed to the

court.

C. Whenever additional members are detailed to the court, and

after any challenges for cause against such additional members are

presented and decided, each accused and the trial counsel are

entitled to one peremptory challenge against members not previously

subject to peremptory challenge.

Added by Laws 2019, c. 408, § 48, eff. Oct. 1, 2019.