Maryland Code, PUBLIC SAFETY 13A-709
Terms Used In Maryland Code, PUBLIC SAFETY 13A-709
- Convening authority: includes :
(1) the person who convened the court; and
(2) (i) a commissioned officer commanding for the time being; or
(ii) a successor in command to the convening authority. See - 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 detailed in accordance with § 13A-505 of this title. See
- Oath: A promise to tell the truth.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A proceeding in which an accused has been found guilty by a court-martial on any charge or specification is not a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c) (1) A court-martial with a military judge alone is a trial in the sense of this section if, without fault of the accused, after introduction of evidence and before announcement of findings under § 13A-718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
(2) A court-martial with a military judge and members is a trial in the sense of this article if, without fault of the accused, after the members, having taken an oath as members under § 13A-707 of this subtitle and after completion of challenges under § 13A-706 of this subtitle, are impaneled, and before announcement of findings under § 13A-718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.