A finding or sentence of a court–martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

The findings and sentence of a court–martial shall be reported promptly to the convening authority after the announcement of the sentence. The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. A submission under subparagraph (i) of this paragraph shall be in writing. Except in a summary court–martial case, a submission under subparagraph (i) of this paragraph shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (d) of this section. In a summary court–martial case, a submission under subparagraph (i) of this paragraph shall be made within 7 days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this subtitle, for good cause, may extend the applicable period under paragraph (1) of this subsection for not more than an additional 20 days. In a summary court–martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1) of this subsection. The accused may waive the right to make a submission to the convening authority under paragraph (1) of this subsection. Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2) of this section, the time within which the accused may make a submission under this subsection shall be deemed to have expired on the submission of such a waiver to the convening authority. The authority under this section to modify the findings and sentence of a court–martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court–martial jurisdiction who may take action under this subtitle. Action on the sentence of a court–martial shall be taken by the convening authority or by another person authorized to act under this section. Action may be taken only after consideration of any matters submitted by the accused under subsection (b) of this section or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person’s sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. Subject to subparagraph (ii) of this paragraph, action on the findings of a court–martial by the convening authority or other person acting on the sentence is not required. Such person, in the person’s sole discretion, may: dismiss any charge or specification by setting aside a finding of guilty thereto; or change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. Before acting under this subtitle on any general or special court–martial case in which there is a finding of guilt, the convening authority or other person taking action under this subtitle shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this subtitle shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by regulation and shall be served on the accused, who may submit any matter in response under subsection (b) of this section. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. The convening authority or other person taking action under this section, in the person’s sole discretion, may order a proceeding in revision or a rehearing. Subject to subparagraph (ii) of this paragraph, a proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court–martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case may a proceeding in revision: reconsider a finding of not guilty of any specification or a ruling that amounts to a finding of not guilty; reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of some section of this title; or increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. A rehearing may be ordered by the convening authority or other person taking action under this section 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 subsection disapproves the sentence.

In each case subject to appellate review under this title, the accused may file with the convening authority a statement expressly waiving the right of the accused to such appeal. Such a waiver shall be signed by both the accused and defense counsel for the accused and shall be filed in accordance with appellate procedures as provided by law. The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.

In a trial by general or special court–martial or in a pretrial proceeding under § 13A–601.1 of this title, the State may appeal the following: an order or a ruling of the military judge that terminates the proceedings with respect to a charge or specification other than a finding of guilt; an order or a ruling that excludes evidence that is substantial proof of a fact material in the proceeding; an order or a ruling that directs the disclosure of classified information; an order or a ruling that imposes sanctions for nondisclosure of classified information; a refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; a refusal by the military judge to enforce an order described in subsection (e) of this section that has previously been issued by appropriate authority; and an order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members. An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding. An appeal of an order or ruling may not be taken when prohibited by § 13A–709 of this title. An appeal under this section shall be diligently prosecuted as provided by law. An appeal under this section shall be forwarded to the court prescribed in § 13A–908 of this subtitle. In ruling on an appeal under this section, that court may act only with respect to matters of law. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

Each rehearing under this title shall take place before a court–martial composed of members who are not members of the court–martial that first heard the case. On a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court–martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based on a finding of guilty of an offense not considered on the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court–martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications on which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court–martial. If, after appeal by the government under § 13A–802 of this title, the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Military Appeals or Supreme Court of Maryland, the court–martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the Adjutant General may prescribe by regulation.

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 the following: conclusions as to whether: the court had jurisdiction over the accused and the offense; the charge and specification stated an offense; and the sentence was within the limits prescribed as a matter of law; a response to each allegation of error made in writing by the accused; and if the case is sent for action under subsection (b) of this section, 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. The record of trial and related documents in each case reviewed under subsection (a) of this section shall be sent for action to the Adjutant General, if: the judge advocate who reviewed the case recommends corrective action; the sentence approved under § 13A–902 of this subtitle extends to dismissal, a bad–conduct or dishonorable discharge, or confinement for more than 6 months; or such action is otherwise required by regulations of the Adjutant General. The Adjutant General may: disapprove or approve the findings or sentence, in whole or in part; remit, commute, or suspend the sentence in whole or in part; 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; or dismiss the charges. If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges. If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate’s review under subsection (a) of this section 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. 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. The record of trial and related documents in each case reviewed under subsection (d) of this section shall be sent for action to the Adjutant General. The Adjutant General may: when subject matter jurisdiction is found to be lacking, void the court–martial ab initio, with or without prejudice to the government, as the Adjutant General deems appropriate; or return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.

Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.

Decisions of a court–martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals. The Court of Military Appeals shall follow the federal Manual for Courts–Martial and procedures as provided by the court of criminal appeals for the service of the defendant. The court shall have three judges present to convene. The Chief Judge may convene the court and may appoint alternates. The court has the authority to adopt a seal. The Governor shall: appoint up to 10 judges, but at least three, to the court for 5–year terms; and appoint one judge as Chief Judge. Judges are not limited to one term. Judges should have demonstrated experience in military law and be a member of the Maryland Bar. The Court of Military Appeals shall have power over: the issuance of extraordinary writs relative to all matters arising under: the provisions of this title; the Uniform Code of Military Justice; any regulation issued by the Governor pertaining to members of the Maryland organized militia; and court–martial actions pending before any military judge of the Maryland Military Department; adjudicating appeals by victims as described in § 13A–105 of this title; and adjudicating appeals of sentences of a court–martial that have been approved by the convening authority, which may include: dismissal, in the case of a commissioned or warrant officer; dishonorable discharge, in the case of an enlisted person; bad–conduct discharge, in the case of an enlisted person; forfeiture of all pay and allowances; and any confinement. An appellant must petition the court for review, which is a right on request. There is no automatic review of sentence. An appellant may waive the right to review. The Maryland National Guard State Judge Advocate shall: provide a full–time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and provide administrative support for appellate judges, as required.

The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in § 13A–908 of this subtitle and before any federal court when requested to do so by the State Attorney General. Appellate government counsel must be a member in good standing of the bar of the highest court of the state to which the appeal is taken. On an appeal by the State, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court. On the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority. On the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this section. An accused may be represented by civilian appellate counsel at no expense to the State.

Before the vacation of the suspension of a special court–martial sentence, which as approved includes a bad–conduct discharge, or of any general court–martial sentence, the officer having special court–martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The Staff Judge Advocate may detail a judge advocate, who is certified under § 13A–506 of this title, to conduct the hearing. The probationer shall be represented at the hearing by military counsel if the probationer so desires. The record of the hearing and the recommendation of the officer having special court–martial jurisdiction shall be sent for action to the officer exercising general court–martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this title. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

At any time within 2 years after approval by the convening authority of a court–martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court–martial.

Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court–martial.

Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court–martial sentence, which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed on the new trial or rehearing. If a previously executed sentence of dishonorable or bad–conduct discharge is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused’s enlistment. If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

The appellate review of records of trial provided by this title, the proceedings, findings, and sentences of courts–martial as approved, reviewed, or affirmed as required by this title, and all dismissals and discharges carried into execution under sentences by courts–martial following approval, review, or affirmation as required by this title, are final and conclusive. Orders publishing the proceedings of courts–martial and all action taken pursuant to those proceedings are binding on all departments, courts, agencies, and officers of the United States and the several states, subject only to action on a petition for a new trial as provided in § 13A–911 of this subtitle and to action under § 13A–912 of this subtitle.

Under regulations prescribed, an accused who has been sentenced by a court–martial may be required to take leave pending completion of action under this section if the sentence, as approved under § 13A–902 of this subtitle, includes an unsuspended dismissal or an unsuspended dishonorable or bad–conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under § 13A–902 of this subtitle or at any time after such date, and such leave may be continued until the date on which action under this section is completed or may be terminated at any earlier time.

In the case of a person determined under this title to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court–martial convening authority for that person shall commit the person to the custody of the Attorney General. The Attorney General shall take action in accordance with the State law applicable to persons incompetent to stand trial. If at the end of the period for hospitalization provided for in the State law applicable to persons incompetent to stand trial it is determined that the committed person’s mental condition has not so improved as to allow the trial to proceed, action shall be taken in accordance with the State law applicable to persons incompetent to stand trial. When the director of a facility in which a person is hospitalized under paragraph (2) of this subsection determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General, the general court–martial convening authority for the person, and the person’s counsel. On receipt of a notification, the general court–martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this title. If the person is no longer subject to this title, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person. The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (i) of this paragraph. Subject to subparagraph (ii) of this paragraph, in the application of the State law applicable to persons incompetent to stand trial to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court–martial convening authority for that person. If the person is no longer subject to this title at a time relevant to the application of such law to the person, the State trial court with felony jurisdiction in the county where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person. If a person is found by a court–martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this section. The court–martial shall conduct a hearing on the mental condition in accordance with the State law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court–martial convening authority for the person. If the court–martial fails to find by the standard specified in the State law applicable to persons incompetent to stand trial that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect: the general court–martial convening authority may commit the person to the custody of the Attorney General; and the Attorney General shall take action in accordance with the State law applicable to persons incompetent to stand trial. The State law applicable to persons incompetent to stand trial shall apply in the case of a person hospitalized pursuant to paragraph (4)(ii) of this subsection, except that the State trial court with felony jurisdiction in the county where the person is hospitalized shall be considered as the court that ordered the person’s commitment. Except as otherwise provided in this subsection and in subsection (d)(1) of this section, the State law most closely comparable to 18 U.S.C. § 4247(d) shall apply in the administration of this article. In the application of the State law most closely comparable to 18 U.S.C. § 4247(d) to hearings conducted by a court–martial under this section or by, or by order of, a general court–martial convening authority under this section, the reference in that section to 18 U.S.C § 3006A does not apply. Title 3 of the Criminal Procedure Article applies according to the provisions of this section notwithstanding 18 U.S.C. § 4247(j). If the status of a person as described in § 13A–102 of this title terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this title shall continue to apply to that person notwithstanding the change of status.