Minnesota Statutes 192A.363 – Review by Senior Force Judge Advocate
Subdivision 1.Review of findings of guilt.
(a) A general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under this subdivision if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.
Terms Used In Minnesota Statutes 192A.363
- Accuser: means a person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused;
(2) "Active state duty" means the same as state active service defined in section 190. See Minnesota Statutes 192A.015
- Allegation: something that someone says happened.
- 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.
- 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: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The senior force judge advocate’s review shall be in writing and shall contain the following:
(1) conclusions as to whether:
(i) the court had jurisdiction over the accused and the offense;
(ii) the charge and specification stated an offense; and
(iii) the sentence was within the limits prescribed as a matter of law;
(2) a response to each allegation of error made in writing by the accused; and
(3) if the case is sent for action under subdivision 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
Subd. 2.Action by adjutant general; authorization.
The record of trial and related documents in each case reviewed under subdivision 1 shall be sent for action to the adjutant general if:
(1) the judge advocate who reviewed the case recommends corrective action;
(2) the sentence approved under section 192A.343, subdivision 3, extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or
(3) the action is otherwise required by regulations of the adjutant general.
Subd. 3.Adjutant general action.
(a) The adjutant general may:
(1) disapprove or approve the findings or sentence, in whole or in part;
(2) remit, commute, or suspend the sentence, in whole or in part;
(3) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(4) dismiss the charges.
(b) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.