Kentucky Statutes 35.270 – Record of trial
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(1) Each general and special court-martial shall keep a separate record of the proceedings in each case before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(2) (a) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations.
(3) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 56, effective June 25, 2013. — Amended
1974 Ky. Acts ch. 108, sec. 7. — Amended 1970 Ky. Acts ch. 56, sec. 39. — Created
1954 Ky. Acts ch. 99, sec. 53, effective July 1, 1954.
(2) (a) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
Terms Used In Kentucky Statutes 35.270
- Conviction: A judgement of guilt against a criminal defendant.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
- Record: when used in connection with the proceedings of a court-martial, means: (a) An official written transcript, written summary, or other writing relating to the
proceedings. See Kentucky Statutes 35.010 - Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations.
(3) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 56, effective June 25, 2013. — Amended
1974 Ky. Acts ch. 108, sec. 7. — Amended 1970 Ky. Acts ch. 56, sec. 39. — Created
1954 Ky. Acts ch. 99, sec. 53, effective July 1, 1954.