At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
At any time within 45 days of discovery of fraud on the court-martial or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial Review Panel. In the event the accused's case is pending before the Alabama Supreme Court, the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
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.