Oklahoma § 44-860B - Posttrial actions in summary courts-martial and certain
Full text of Oklahoma Oklahoma Statutes § 44-860B — Posttrial actions in summary courts-martial and certain, with citation guidance and answers to common questions.
§ 44-860B. Posttrial actions in summary courts-martial and certain
general and special courts-martial.
ARTICLE 60B. Posttrial actions in summary courts-martial and
certain general and special courts-martial.
A. In general.
1. In a court-martial not specified in paragraph 2 of
subsection A of Section 860A of this title (Article 60A, subsection
A, paragraph 2), the convening authority may:
a.
dismiss any charge or specification by setting aside
the finding of guilty,
b.
change a finding of guilty to a charge or
specification to a finding of guilty to a lesser
included offense,
c.
disapprove the findings and the sentence and dismiss
the charges and specifications,
d.
disapprove the findings and the sentence and order a
rehearing as to the findings and the sentence,
e.
disapprove, commute, or suspend the sentence, in whole
or in part, or
f.
disapprove the sentence and order a rehearing as to
the sentence.
2. In a summary court-martial, the convening authority shall
approve the sentence or take other action on the sentence under
paragraph 1 of this subsection.
Oklahoma Statutes - Title 44. Militia
3. Except as provided in paragraph 4 of this subsection, the
convening authority may act under this section only before entry of
judgment.
4. The convening authority may act under this section after
entry of judgment in a general or special court-martial in the same
manner as the convening authority may act under paragraph 2 of
subsection D of Section 860A of this title (Article 60A, subsection
D, paragraph 2). Such action shall be forwarded to the military
judge, who shall ensure appropriate modification to the entry of
judgment and shall transmit the entry of judgment to the State Judge
Advocate for appropriate action.
5. Under regulations prescribed by the Adjutant General, a
commissioned officer commanding for the time being, a successor in
command, or any person exercising general court-martial jurisdiction
may act under this section in place of the convening authority.
B. Limitations on rehearings. The convening authority may not
order a rehearing under this section:
1. As to the findings, if there is insufficient evidence in the
record to support the findings;
2. To reconsider a finding of not guilty of any specification
or a ruling which amounts to a finding of not guilty; or
3. To reconsider a finding of not guilty of any charge, unless
there has been a finding of guilty under a specification laid under
that charge, which sufficiently alleges a violation of some section
of the Oklahoma Uniform Code of Military Justice.
C. Submissions by accused and victim. In accordance with
regulations prescribed by the Adjutant General, in determining
whether to act under this section, the convening authority shall
consider matters submitted in writing by the accused or any victim
of the offense. Such rules shall include the matter required by
subsection E of Section 860A of this title (Article 60A, subsection
E).
D. Decision of convening authority.
1. In a general or special court-martial, the decision of the
convening authority under this section shall be forwarded to the
military judge, with copies provided to the accused and to any
victim of the offense.
2. If the convening authority acts on the findings or the
sentence under paragraph 1 of subsection A of this section, the
decision of the convening authority shall include a written
explanation of the reasons for such action.
Added by Laws 2019, c. 408, § 74, eff. Oct. 1, 2019.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 44-860B
What does Oklahoma Statutes § 44-860B cover?
Section 44-860B ("Posttrial actions in summary courts-martial and certain") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. 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 Oklahoma § 44-860B?
A common citation format is "Oklahoma Statutes § 44-860B" (Oklahoma). 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 Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 44-860B apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma 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 Oklahoma.