Maryland Code > PUBLIC SAFETY > Title 13A > Subtitle 9 – Post-Trial Procedure and Review of Courts-Martial
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Terms Used In Maryland Code > PUBLIC SAFETY > Title 13A > Subtitle 9 - Post-Trial Procedure and Review of Courts-Martial
- Accuser: means :
(1) a person who signs and swears to charges;
(2) a person who directs that charges nominally be signed and sworn to by another; or
(3) any other person who has an interest other than an official interest in the prosecution of the accused. See - Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Allegation: something that someone says happened.
- 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.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Classified information: means :
(1) information or material that has been determined by an official of the United States or a state pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and
(2) restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U. See - 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 - County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Officer: means a commissioned or warrant officer. See
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Record: when used in connection with the proceedings of a court-martial, means:
(1) an official written transcript, written summary, or other writing relating to the proceedings; or
(2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See - Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.