A rehearing may be ordered by the convening authority or other person taking action pursuant to this code 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 section disapproves the sentence.

Terms Used In South Dakota Codified Laws 33-10-192

  • 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 South Dakota Codified Laws 33-10-20
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Record: when used in connection with the proceedings of a court-martial:

    (a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20

Source: SL 2012, ch 175, § 173.

  Previous section
Next section  
 Chapter 10 Contents