At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before the Arizona court of military appeals, the state judge advocate shall refer the petition to the court for action. Otherwise the state judge advocate shall act on the petition.

Terms Used In Arizona Laws 26-1073

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Judge advocate: means an officer of the judge advocate general's corps of the United States army or the army national guard of the United States or an officer of the United States air force or the air national guard of the United States who is designated as a judge advocate. See Arizona Laws 26-1001
  • Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
  • State judge advocate: means the commissioned officer responsible for supervising the administration of military justice in the national guard. See Arizona Laws 26-1001
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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