(a) After exhausting all remedies available under the code of military justice, a party may file a petition for review in the Alaska supreme court from a final decision of the Military Appeals Commission that upholds a conviction and sentence imposed by a general or special court-martial for an offense under this chapter if the sentence

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Terms Used In Alaska Statutes 26.05.645

  • 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.
  • code of military justice: means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter. See Alaska Statutes 26.05.990
  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • Conviction: A judgement of guilt against a criminal defendant.
(1) includes confinement imposed under the code of military justice; and
(2) meets the criteria for appeal under Alaska Stat. § 12.55.120.
(b) A decision by the Alaska supreme court on a matter reviewed under a petition filed under (a) of this section is final and binding on all parties, the Military Appeals Commission, and the court-martial.
(c) A party filing a petition for review under this section shall comply with the rules of court applicable to petitions for review in the appellate courts, including the deadlines for filing.
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