(1) If the sentence of the court-martial extends to dismissal or a dishonorable or bad- conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under KRS § 35.327, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in KRS § 35.333, and is deemed final by the law of the state where the judgment was had.

(2) If the sentence of the court-martial extends to dismissal or a dishonorable or bad- conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under KRS § 35.327, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under KRS § 35.331 is completed. Any other part of the court-martial sentence may be ordered executed by the convening authority or other person acting on the case under KRS § 35.326 when so approved under that section.
Effective: June 25, 2013

Terms Used In Kentucky Statutes 35.336

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • 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 Kentucky Statutes 35.010
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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:
    (a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

History: Created 2013 Ky. Acts ch. 32, sec. 73, effective June 25, 2013.

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