Oklahoma § 44-860B - Posttrial actions in summary courts-martial and certain

§ 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.