(a) An accused, who was tried by a special or general court-martial and is self aggrieved after the accused has exhausted all of the accused’s rights of review under this part, shall be entitled to appeal the judgment or sentence of the special or general court-martial, as modified on review under this part before judicial review under this section, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, and within the time provided by the rules of court.
Terms Used In Hawaii Revised Statutes 124B-111
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.
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
(b) The filing of an appeal pursuant to subsection (a) shall not of itself stay the execution of the judgment or sentence appealed from; provided that the appellate court may stay the same upon motion and upon conditions as it deems proper, notwithstanding any law to the contrary relating to the effective date or execution of sentences.(c) In reviewing the judgment or sentence of a special or general court-martial, as modified on review before judicial review, the appellate court may take any of the actions, and exercise any of the powers specified in section 641-16, as the court deems appropriate in reviewing a judgment or sentence of a military court-martial, and the court shall follow as appropriate or applicable the standards and requirements in section 641-16.(d) Upon the request of the accused, the state judge advocate shall appoint appellate defense counsel in accordance with section 124B-112, who is a member of the bar of the highest court of the State and who has been qualified as a judge advocate under section 124B-47, to represent the accused in the accused’s appeal of the court-martial judgment or sentence. If the accused wishes to be represented by civilian counsel rather than by appointed military counsel, the accused may do so at the accused’s own expense.
