Alaska Statutes 26.05.615 – Appeal by the state

(a) In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter

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Terms Used In Alaska Statutes 26.05.615

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.
Bench trial: Trial without a jury in which a judge decides the facts.
classified information: means
(A) information or material that has been determined by an official of the United States or any state under law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security. See Alaska Statutes 26.05.990
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.
military judge: means an official of a general or special court-martial described under AS 26. See Alaska Statutes 26.05.990
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;

(2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;

(3) an order or ruling that directs the disclosure of classified information;

(4) an order or ruling that imposes sanctions for nondisclosure of classified information;

(5) the refusal of the military judge to issue a protective order sought by the prosecution to prevent the disclosure of classified information;

(6) the refusal of the military judge to enforce an order issued under (5) of this subsection that was previously issued by an appropriate authority.

(b) 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 after the order or ruling. The notice must 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.

(c) An appeal under this section shall be forwarded to the Military Appeals Commission under AS 26.05.640. In ruling on the appeal, the Military Appeals Commission may act only with respect to matters of law.

(d) A period of delay resulting from an appeal under this section shall be excluded in deciding an issue involving the 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 frivolous and without merit.

(e) The state may not appeal a finding of not guilty with respect to a charge or specification by the members of the court-martial, or by a judge in a bench trial if the finding was not made on reconsideration.

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