(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior judge advocate, or a designee for the convening authority. The senior judge advocate, or designee, may not review a case under this subsection 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. The senior judge advocate's review shall be in writing and shall contain all of the following:
(1) Conclusions as to whether:
a. The court had jurisdiction over the accused and the offense.
b. The charge and specification stated an offense.
c. 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.
(3) If the case is sent for action under subsection (b), 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.
(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the general court-martial convening authority if any of the following occur:
(1) The judge advocate who reviewed the case recommends corrective action.
(2) The sentence approved under Section 31-2A-60(c) (Article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months.
(3) Such action is otherwise required by regulations of the Adjutant General.
(c)(1) The convening authority may do any of the following:
a. Disapprove or approve the findings or sentence, in whole or in part.
b. Remit, commute, or suspend the sentence in whole or in part.
c. 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.
d. Dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(3) If the opinion of the senior judge advocate, or designee, in the senior judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the convening authority does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Adjutant General for review and action as deemed appropriate. In cases where the Adjutant General is the convening authority, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate. The Adjutant General or Governor shall act on this decision within 30 days of receiving the opinion and record of trial.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Part IX - Post-Trial Procedure and Review of Courts-Martial.
Section 31-2A-59 - (Article 59.) Error of Law; Lesser Included Offense.
Section 31-2A-60 - (Article 60.) Action by the Convening Authority.
Section 31-2A-61 - (Article 61.) Withdrawal of Appeal.
Section 31-2A-62 - (Article 62.) Appeal by the State.
Section 31-2A-63 - (Article 63.) Rehearings.
Section 31-2A-64 - (Article 64.) Review by the Senior Judge Advocate.
Section 31-2A-65 - (Article 65.) Disposition of Records After Review by the Convening Authority.
Section 31-2A-66 - (Article 66.) Military Court-Martial Review Panel.
Section 31-2A-67 - (Article 67.) Review by State Appellate Authority.
Section 31-2A-68 - (Article 68.) Reserved.
Section 31-2A-69 - (Article 69.) Reserved.
Section 31-2A-70 - (Article 70.) Appellate Counsel.
Section 31-2A-71 - (Article 71.) Execution of Sentence; Suspension of Sentence.
Section 31-2A-72 - (Article 72.) Vacation of Suspension.
Section 31-2A-73 - (Article 73.) Petition for a New Trial.
Section 31-2A-74 - (Article 74.) Remission and Suspension.
Section 31-2A-75 - (Article 75.) Restoration.
Section 31-2A-76 - (Article 76.) Finality of Proceedings, Findings, and Sentences.
Section 31-2A-76b - (Article 76b.) Lack of Mental Capacity or Mental Responsibility.