Maryland Code, PUBLIC SAFETY 13A-909
Terms Used In Maryland Code, PUBLIC SAFETY 13A-909
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) 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; or
(ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See - Senior 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
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) 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.
(b) 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.
(c) On the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(d) 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.
(e) An accused may be represented by civilian appellate counsel at no expense to the State.