Terms Used In Utah Code 39A-5-234

  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • 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.
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
39A-5-234.  Petition for new trial — Grounds.
     Within 30 days after approval by the convening authority of a military court sentence, the accused may petition the convening authority for a new trial on the ground of newly discovered evidence or fraud on the court.

Renumbered and Amended by Chapter 373, 2022 General Session