South Dakota Codified Laws 33-10-207. Action by adjutant general regarding subject matter jurisdiction
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The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may:
(1) If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or
Terms Used In South Dakota Codified Laws 33-10-207
- 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.
- 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.
- Record: when used in connection with the proceedings of a court-martial:
(a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
Source: SL 2012, ch 175, § 188.