TITLE 30

Military Affairs and Defense

CHAPTER 30-13

Rhode Island Code of Military Justice

SECTION 30-13-68



   § 30-13-68  Review of records. –

(a) If the convening authority is the governor, his or her action on the review

of any record of trial is final.



   (b) In all other cases not covered by subsection (a) of this

section, if the sentence of a special court-martial as approved in accordance

with the provisions of § 30-13-62 includes a bad-conduct discharge,

whether or not suspended, the entire record shall be sent to the appropriate

staff judge advocate or legal officer of the next higher command not having

previously reviewed the record pursuant to § 30-13-62, if any there be, to

be reviewed in the same manner as a record of trial by general court-martial.

The record and the opinion of the staff judge advocate or legal officer shall

then be sent to the state judge advocate for review.



   (c) All other special and summary court-martial records shall

be sent to the law specialist or legal officer of the appropriate force of the

state military forces and shall be acted upon, transmitted, and disposed of as

may be prescribed by regulations prescribed by the governor.



   (d) The state judge advocate shall review the record of trial

in each case sent to him or her for review as provided under subsection (b) of

this section. If the final action of the court-martial has resulted in an

acquittal of all charges and specifications, the opinion of the state judge

advocate is limited to questions of jurisdiction.



   (e) The state judge advocate shall take final action in any

case reviewable by him or her.



   (f) In a case reviewable by the state judge advocate under

this section, the state judge advocate may act only with respect to the

findings and sentence as approved by the convening authority. The state judge

advocate may affirm only such findings of guilty, and the sentence or such a

part or amount of the sentence, as he or she finds correct in law and fact and

determines, on the basis of the entire record, should be approved. In

considering the record, the state judge advocate may weigh the evidence, judge

the credibility of witnesses, and determine controverted questions of fact,

recognizing that the trial court saw and heard the witnesses. If the state

judge advocate sets aside the findings and sentence, he or she may, except

where the setting aside is based on lack of sufficient evidence in the record

to support the findings, order a rehearing. If the state judge advocate sets

aside the findings and sentence and does not order a rehearing, he or she shall

order that the charges be dismissed.



   (g) In a case reviewable by the state judge advocate under

this section, he or she shall instruct the convening authority to act in

accordance with his or her decision on the review. If the state judge advocate

has ordered a rehearing but the convening authority finds a rehearing

impracticable within a reasonable time, he or she shall dismiss the charges.



   (h) The state judge advocate may order one or more boards of

review each composed of not less than three (3) commissioned officers of the

state military forces, each of whom must be a member of the bar of the highest

court of the state. Each board of review shall review the record of any trial

by special court-martial, including a sentence to a bad-conduct discharge,

referred to it by the state judge advocate. Boards of review have the same

authority on review as the state judge advocate has under this section.



History of Section.

(G.L. 1956, § 30-13-68; P.L. 1962, ch. 82, § 1.)