Section 130.68. Review in the office of the state judge advocate  


Latest version.
  • (a) The
      record of trial in each general  court-martial  that  is  not  otherwise
      reviewed  under  section 130.65 of this article shall be examined in the
      office of the state judge advocate if there is a finding of  guilty  and
      the  accused  does  not  waive or withdraw his right to appellate review
      under section 130.61 of this article. If any part  of  the  findings  or
      sentence  is  found  to  be unsupported in law or if reassessment of the
      sentence is appropriate, the state judge  advocate  may  modify  or  set
      aside  the  findings or sentence or both. If the state judge advocate so
      directs, the record shall be reviewed by  a  board  of  military  review
      under section 130.65 of this article.
        (b)  The  findings  or  sentence, or both, in a court-martial case not
      reviewed under subdivision (a) of this section or under  section  130.65
      of  this  article  may be modified or set aside, in whole or in part, by
      the state judge advocate on the ground  of  newly  discovered  evidence,
      fraud  on  the  court,  lack  of  jurisdiction  over  the accused or the
      offense, error prejudicial to the substantial rights of the accused,  or
      the  appropriateness  of the sentence. If such a case is considered upon
      application of the  accused,  the  application  must  be  filed  in  the
      division of military and naval affairs legal office by the accused on or
      before  the  last  day  of the two-year period beginning on the date the
      sentence is approved under subdivision (c) of  section  130.60  of  this
      article,  unless  the accused established good cause for failure to file
      within that time.