Kentucky Statutes 35.345 – Petition for a new trial
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At any time within two (2) years after approval by the convening authority of a court- martial sentence the accused may petition the adjutant general for a new trial on grounds of newly discovered evidence or fraud in the court-martial.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 75, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 48. — Created 1954 Ky. Acts ch. 99, sec. 68, effective July
1, 1954.
Effective: June 25, 2013
Terms Used In Kentucky Statutes 35.345
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
History: Amended 2013 Ky. Acts ch. 32, sec. 75, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 48. — Created 1954 Ky. Acts ch. 99, sec. 68, effective July
1, 1954.