39A-5-238.  Finality of military court judgments.

(1)  The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapter, are final and conclusive.

Terms Used In Utah Code 39A-5-238

  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)  Orders publishing the proceedings of military court and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for new trial under Section 39A-5-234.

Renumbered and Amended by Chapter 373, 2022 General Session