(20 ILCS 1807/60)
Sec. 60. Article 60. Action by the convening authority. (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Such a submission shall be made within 30 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (d). (2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this Article, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days. (3) The accused may waive the right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of paragraph (2) of subsection (c), the time within which the accused may make a submission under this subsection (b) shall be deemed to have expired upon the submission of such a waiver to the convening authority. (c)(1) The authority under this Article to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this Article. (2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this Article. Such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person's sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part. (3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion may: (A) dismiss any charge or specification by setting |
| aside a finding of guilty thereto; or
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(B) change a finding of guilty to a charge or
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| specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
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(d) Before acting under this Article on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this Article must obtain the written concurrence of the State Judge Advocate by means of legal review. The convening authority or other person taking action under this Article shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the review. The review of the judge advocate shall include such matters as may be prescribed by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the legal review or to any matter attached to the recommendation waives the right to object thereto.
(e)(1) The convening authority or other person taking action under this Article, in the person's sole discretion, may order a proceeding in revision or a rehearing.
(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(A) reconsider a finding of not guilty of any
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| specification or a ruling which amounts to a finding of not guilty;
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(B) reconsider a finding of not guilty of any
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| charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some Article of this Code; or
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(C) increase the severity of the sentence.
(3) A rehearing may be ordered by the convening authority or other person taking action under this Article if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.
(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/62)
Sec. 62. Article 62. Appeal by the State. (a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the State may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration: (A) An order or ruling of the military judge which |
| terminates the proceedings with respect to a charge or specification.
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(B) An order or ruling which excludes evidence that
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| is substantial proof of a fact material in the proceeding.
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(C) An order or ruling which directs the disclosure
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| of classified information.
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(D) An order or ruling which imposes sanctions for
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| nondisclosure of classified information.
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(E) A refusal of the military judge to issue a
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| protective order sought by the State to prevent the disclosure of classified information.
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(F) A refusal by the military judge to enforce an
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| order described in subparagraph (E) that has previously been issued by appropriate authority.
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(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3) An appeal under this Article shall be diligently prosecuted as provided by law.
(b) An appeal under this Article shall be forwarded to the court prescribed in Article 67a of this Code. In ruling on an appeal under this Article, that court may act only with respect to matters of law.
(c) Any period of delay resulting from an appeal under this Article shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/64)
Sec. 64. Article 64. Review by the senior force judge advocate. (a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate's review shall be in writing and shall contain the following: (1) Conclusions as to whether: (A) the court had jurisdiction over the accused |
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(B) the charge and specification stated an
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(C) the sentence was within the limits prescribed
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(2) A response to each allegation of error made in
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(3) If the case is sent for action under subsection
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| (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
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(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the Adjutant General if:
(1) the judge advocate who reviewed the case
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| recommends corrective action;
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(2) the sentence approved under subsection (c) of
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| Article 60 of this Code extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than 6 months; or
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(3) such action is otherwise required by regulations
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(c)(1) The Adjutant General may:
(A) disapprove or approve the findings or sentence,
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(B) remit, commute, or suspend the sentence in whole
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(C) except where the evidence was insufficient at
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| the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
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(D) dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(3) If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.
(d) The senior force judge advocate, or a designee, may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate's review shall be limited to questions of subject matter jurisdiction.
(e) The record of trial and related documents in each case reviewed under subsection (d) shall be sent for action to the Adjutant General. The Adjutant General may:
(1) when subject matter jurisdiction is found to be
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| lacking, void the court-martial ab initio, with or without prejudice to the Government, as the Adjutant General deems appropriate; or
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(2) return the record of trial and related
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| documents to the senior force judge advocate for appeal by the Government as provided by law.
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(Source: P.A. 99-796, eff. 1-1-17 .)
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(20 ILCS 1807/76)
Sec. 76. Article 76. Finality of proceedings, findings, and sentences. The appellate review of records of trial provided by this Code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this Code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this Code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in Article 73 of this Code and to action under Article 74 of this Code.
(Source: P.A. 99-796, eff. 1-1-17 .) |