§124A-105 Judicial review. (a) An accused, who was tried by a special or general court-martial and who still deems the accused's self aggrieved after the accused has exhausted all of the accused's rights of review under this part, shall be entitled to appeal the judgment or sentence of the special or general court-martial, as may have been modified on review under this part prior to judicial review under this section, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, and within the time provided by the rules of court.
(b) The filing of an appeal pursuant to subsection (a) shall not of itself stay the execution of the judgment or sentence appealed from, but the appellate court may stay the same upon motion upon such conditions as it may deem proper, notwithstanding any conflicting or contrary provision in this chapter relating to the effective date or execution of sentences or any other contrary provision of law.
(c) In reviewing the judgment or sentence of a special or general court-martial, as may have been modified on review prior to judicial review, the appellate court may take any of the actions, and exercise any of the powers specified in section 641-16 as the court may deem appropriate in reviewing a judgment or sentence of a military court-martial, and the court shall follow as appropriate or applicable the standards and requirements in section 641-16.
(d) Upon the request of the accused, the state judge advocate shall appoint a lawyer, who is a member of the bar of the highest court of the State and who has been certified under section 124A-45, to represent the accused in the accused's appeal of the court-martial judgment or sentence. If the accused wishes to be represented by civilian counsel, rather than by appointed military counsel, the accused may do so at the accused's own expense. [L 1982, c 171, pt of §2; gen ch 1985; am L 2004, c 202, §13; am L 2006, c 94, §1; am L 2010, c 109, §1]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
124A-2 Persons subject to this chapter.
124A-3 Jurisdiction to try certain personnel.
124A-4 Dismissal of commissioned officer.
124A-5 Territorial applicability of the chapter.
124A-6 Judge advocates and legal officers.
124A-12 Apprehension of deserters.
124A-13 Imposition of restraint.
124A-14 Restraint of persons charged with offenses.
124A-16 Reports and receiving of prisoners.
124A-17 Punishment prohibited before trial.
124A-18 Delivery of offenders to civil authorities.
124A-21 Commanding officer's nonjudicial punishment.
124A-32 Jurisdiction of courts-martial in general.
124A-33 Jurisdiction of general courts-martial.
124A-34 Jurisdiction of special courts-martial.
124A-35 Jurisdiction of summary courts-martial.
124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.
124A-38 Confinement instead of fine.
124A-41 Who may convene general courts-martial.
124A-42 Special courts-martial of state military forces not in federal service; who may convene.
124A-43 Summary courts-martial of state military forces not in federal service; who may convene.
124A-44 Who may serve on courts-martial.
124A-45 Law officer of a general court-martial.
124A-46 Detail of trial counsel and defense counsel.
124A-47 Detail or employment of reporters and interpreters.
124A-48 Absent and additional members.
124A-51 Charges and specifications.
124A-52 Compulsory self-incrimination prohibited.
124A-54 Forwarding of charges.
124A-55 Advice of state judge advocate and reference for trial.
124A-61 Governor to adopt rules.
124A-62 Unlawfully influencing action of court.
124A-63 Duties of trial counsel and defense counsel.
124A-68 Statute of limitations.
124A-71 Opportunity to obtain witnesses and other evidence.
124A-72 Refusal to appear or testify.
124A-75 Admissibility of records of courts of inquiry.
124A-77 Number of votes required.
124A-78 Court to announce action.
124A-81 Cruel and unusual punishments prohibited.
124A-83 Effective date of sentences.
124A-84 Execution of confinement.
124A-91 Execution of sentence; suspension of sentence.
124A-92 Initial action on the record.
124A-93 General court-martial records; opinion by staff judge advocate.
124A-94 Reconsideration and revision.
124A-96 Approval by the convening authority.
124A-97 Review of records; disposition.
124A-98 Error of law; lesser included offense.
124A-100 Vacation of suspension.
124A-101 Petition for a new trial.
124A-102 Remission and suspension.
124A-104 Finality of proceedings, findings, and sentences.
124A-113 Accessory after the fact.
124A-114 Conviction of lesser included offense.
124A-118 Fraudulent enlistment, appointment, or separation.
124A-119 Unlawful enlistment, appointment, or separation.
124A-121 Absence without leave.
124A-123 Contempt towards officials.
124A-124 Disrespect towards superior commissioned officer.
124A-125 Assaulting or wilfully disobeying superior commissioned officer.
124A-126 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
124A-127 Failure to obey order or regulation.
124A-128 Cruelty and maltreatment.
124A-130 Resistance, breach of arrest, and escape.
124A-131 Releasing prisoner without proper authority.
124A-132 Unlawful detention of another.
124A-133 Noncompliance with procedural rules.
124A-134 Misbehavior before the enemy.
124A-135 Subordinate compelling surrender.
124A-136 Improper use of countersign.
124A-138 Captured or abandoned property.
124A-140 Misconduct of a prisoner.
124A-141 False official statements.
124A-142 Military property; loss, damage, destruction, or wrongful disposition.
124A-143 Property other than military property; waste, spoilage, or destruction.
124A-144 Improper hazarding of vessel.
124A-145 Drunken or reckless driving.
124A-146 Drunk on duty; sleeping on post; leaving post before relief.
124A-149 Riot or breach of peace.
124A-150 Provoking speeches or gestures.
124A-152 Frauds against the government.
124A-153 Larceny and wrongful appropriation.
124A-154 Conduct unbecoming an officer.
124A-162 Authority to administer oaths.
124A-163 Military justice training.
124A-164 Complaints of wrongs.
124A-165 Redress of injuries to property.
124A-166 Execution of process and sentence.
124A-167 Process of military courts.
124A-168 Payment of fines and disposition thereof.
124A-169 Immunity for action of military courts or nonjudicial punishment.
124A-170 Presumption of jurisdiction.
124A-171 Delegation of authority by the governor; rulemaking authority of governor.