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<section article="gps" article_name="Public Safety" number="13A-906" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The senior force judge advocate’s review shall be in writing and shall contain the following:</text>
      <level label="i">
        <text>conclusions as to whether:</text>
        <level label="1">
          <text>the court had jurisdiction over the accused and the offense;</text>
        </level>
        <level label="2">
          <text>the charge and specification stated an offense; and</text>
        </level>
        <level label="3">
          <text>the sentence was within the limits prescribed as a matter of law;</text>
        </level>
      </level>
      <level label="ii">
        <text>a response to each allegation of error made in writing by the accused; and</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>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:</text>
    <level label="1">
      <text>the judge advocate who reviewed the case recommends corrective action;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>such action is otherwise required by regulations of the Adjutant General.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Adjutant General may:</text>
      <level label="i">
        <text>disapprove or approve the findings or sentence, in whole or in part;</text>
      </level>
      <level label="ii">
        <text>remit, commute, or suspend the sentence in whole or in part;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>dismiss the charges.</text>
      </level>
    </level>
    <level label="2">
      <text>If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The Adjutant General may:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.</text>
      </level>
    </level>
  </level>
</section>
