A. The advice of the staff judge advocate prescribed by Article 34, Uniform Code of Military Justice and the review required by Article 64, Uniform Code of Military Justice shall be accomplished by the state judge advocate or his designee.
B. Appeals shall be taken according to the rules of appellate procedure applying to criminal cases tried in the district courts.
C. The action of the convening authority as to an approved sentence shall continue in effect while an appeal is pending.
D. Extraordinary writs may issue from the New Mexico supreme court upon such grounds as the United States court of military appeals may similarly act in federal courts-martial, following the New Mexico rules of appellate procedures applicable thereto.
History: 1978 Comp., § 20-12-7, enacted by Laws 1987, ch. 318, § 92; 1989, ch. 337, § 10.
Cross references. — For Articles 34 and 64 of the Uniform Code of Military Justice, referred to in Subsection A, see 10 U.S.C. §§ 834 and 864, respectively.
The 1989 amendment, effective June 16, 1989, in the catchline, added "extraordinary writs"; in Subsection A, added "or his designee"; substituted present Subsection B for the provisions of former Subsections B to E, which specified review procedures; and added Subsections C and D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military, and Civil Defense §§ 269, 270, 338.
Structure 2021 New Mexico Statutes
Article 12 - Code of Military Justice
Section 20-12-1 - Short title.
Section 20-12-3 - Persons subject to the code; applicability of the code.
Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.
Section 20-12-5 - Judge advocates.
Section 20-12-6 - Limitation on punishments.
Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.
Section 20-12-8 - Confinement.
Section 20-12-9 - Reductions in grade.
Section 20-12-10 - Forfeitures or fines.
Section 20-12-11 - Nonjudicial punishment.
Section 20-12-12 - Absence without leave; confinement during period of duty.
Section 20-12-13 - Accessory after the fact.
Section 20-12-14 - Conviction of lesser included offense.
Section 20-12-16 - Conspiracy.
Section 20-12-17 - Solicitation.
Section 20-12-18 - Fraudulent enlistment, appointment or separation.
Section 20-12-19 - Unlawful enlistment, appointment or separation.
Section 20-12-21 - Absence without leave.
Section 20-12-22 - Missing movement.
Section 20-12-23 - Contempt toward officials.
Section 20-12-24 - Disrespect toward superior commissioned officer.
Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.
Section 20-12-27 - Failure to obey order or regulation.
Section 20-12-28 - Cruelty and maltreatment.
Section 20-12-29 - Mutiny or sedition.
Section 20-12-30 - Resistance, breach of arrest and escape.
Section 20-12-31 - Releasing prisoner without proper authority.
Section 20-12-32 - Unlawful detention.
Section 20-12-33 - Noncompliance with procedural rules.
Section 20-12-34 - Misbehavior before the enemy.
Section 20-12-35 - Subordinate compelling surrender.
Section 20-12-36 - Improper use of countersign.
Section 20-12-37 - Forcing a safeguard.
Section 20-12-38 - Captured or abandoned property.
Section 20-12-39 - Aiding the enemy.
Section 20-12-40 - Misconduct as prisoner.
Section 20-12-43 - False official statements.
Section 20-12-46 - Improper hazarding of vessel.
Section 20-12-47 - Drunken or reckless driving.
Section 20-12-48 - Drunk on duty.
Section 20-12-50 - Manslaughter.
Section 20-12-51 - Rape and other sex crimes.
Section 20-12-52 - Larceny and wrongful appropriation.
Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.
Section 20-12-62 - Housebreaking.
Section 20-12-64 - Frauds against the United States.
Section 20-12-65 - Conduct unbecoming an officer and a gentleman.
Section 20-12-66 - Wrongful use and possession of controlled substances.
Section 20-12-67 - Misbehavior of sentinel.
Section 20-12-69 - Malingering.
Section 20-12-70 - Riot or breach of peace.
Section 20-12-71 - Provoking speeches or gestures.
Section 20-12-72 - Principals.
Section 20-12-73 - General article.
Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.