Wisconsin Statutes 322.064 – Article 64 – Review by the senior force judge advocate
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 322.064
- Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See Wisconsin Statutes 322.001
- Allegation: something that someone says happened.
- 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.
- 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 Wisconsin Statutes 322.001
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Judge advocate: means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these. See Wisconsin Statutes 322.001Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Military judge: means an official of a general or special court-martial detailed under…. See Wisconsin Statutes 322.001 Officer: means a commissioned or warrant officer. See Wisconsin Statutes 322.001 Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01 Record: when used in connection with the proceedings of a court-martial, means any of the following:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See Wisconsin Statutes 322.001Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Wisconsin Statutes 322.001 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate’s review shall be in writing and shall contain all of the following:
(a) Conclusions regarding all of the following:
1. Whether the court had jurisdiction over the accused and the offense.
2. Whether the charge and specification stated an offense.
3. Whether the sentence was within the limits prescribed as a matter of law.
(b) A response to each allegation of error made in writing by the accused.
(c) If the case is sent for action under sub. (2), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(2) The record of trial and related documents in each case reviewed under sub. (1) shall be sent for action to the adjutant general, under any of the following circumstances:
(a) The judge advocate who reviewed the case recommends corrective action.
(b) The sentence approved under s. 322.060 extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than 6 months.
(c) Action is otherwise required by regulations of the adjutant general.
(3) The adjutant general may do any of the following:
(a) Disapprove or approve the findings or sentence, in whole or in part.
(b) Remit, commute, or suspend the sentence in whole or in part.
(c) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both.
(d) Dismiss the charges.
(4) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(5) If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate’s review under sub. (1) is that corrective action is required as a matter of law and if the adjutant general does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the governor for review and action as deemed appropriate.
(6) The senior force judge advocate, or a designee, may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.
(7) The record of trial and related documents in each case reviewed under sub. (4) shall be sent for action to the adjutant general.
(8) The adjutant general may do any of the following:
(a) When subject matter jurisdiction is found to be lacking, void the court-martial from inception, with or without prejudice to the government, as the adjutant general deems appropriate.
(b) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.