(a) If the judgment of a general or special court-martial entered under section 124B-105 includes a finding of guilty, the record shall be transmitted to the state judge advocate for review.

Terms Used In Hawaii Revised Statutes 124B-110

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • State judge advocate: means the commissioned officer responsible for supervising the administration of military justice in the state military forces. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) In all other cases not covered under subsection (a), records of trial by court-martial and related documents shall be transmitted and disposed of as the governor or adjutant general prescribe by rule or as required by law.
(c) The state judge advocate shall provide notice to the accused of the right to file an appeal under section 124B-111 by means of depositing in the United States mail for delivery by first class certified mail to the accused at an address provided by the accused or, if no address has been provided by the accused at the latest address listed for the accused in the official service record of the accused.
(d) Subsection (c) shall not apply if the accused waives the right to appeal under section 124B-106.
(e) A review shall be completed in each general and special court-martial appealed to the State’s intermediate appellate court by the accused.
(f) A review conducted under this section shall be conducted by an attorney within the office of the judge advocate for the state military forces or by another attorney designated in accordance with rules adopted by the governor or adjutant general.
(g) A review shall include a written decision providing each of the following:

(1) A conclusion as to whether the court had jurisdiction over the accused and the offense;
(2) A conclusion as to whether the charge and specification stated an offense;
(3) A conclusion as to whether the sentence was within the limits prescribed as a matter of law; and
(4) A response to each allegation of error made in writing by the accused.
(h) A review shall be completed in each general and special court-martial if:

(1) The accused waives the right to appeal or voluntarily requests dismissal of appeal under section 124B-106; or
(2) The accused does not file a timely appeal in a case eligible for appeal.
(i) A review shall include a written decision limited to providing conclusions on the matters specified in subsection (g)(1), (2), and (3).
(j) If after a review of record under subsection (f), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the state judge advocate, who may set aside the findings or sentence, in whole or in part.
(k) In setting aside the findings or sentence, the state judge advocate may order a rehearing; provided that a rehearing shall not be ordered in violation of section 124B-69.
(l) If the state judge advocate sets aside the findings and sentence and does not order a rehearing, the state judge advocate shall dismiss the charges.
(m) If the state judge advocate sets aside the findings and orders a rehearing but the convening authority determines that a rehearing would be impracticable, the convening authority shall dismiss the charges.

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