48-2925. (KCMJ Art. 70) Appellate counsel. (a) The judge advocate general shall detail in the judge advocate general's office one or more commissioned officers as appellate government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under subsection (b)(2) of K.S.A. 48-2905.
(b) Appellate government counsel shall represent the state of Kansas before the court of military review or the Kansas court of appeals when directed to do so by the judge advocate general. Appellate government counsel may represent the state before the Kansas supreme court in cases arising under this chapter when requested to do so by the attorney general.
(c) Appellate defense counsel shall represent the accused before the court of military review, the Kansas court of appeals or the Kansas supreme court:
(1) When requested by the accused; or
(2) when the state is represented by counsel.
(d) The accused has the right to be represented before the court of military review, the Kansas court of appeals, or the Kansas supreme court by civilian counsel if provided by the accused and at the accused's own expense.
(e) Military appellate counsel shall also perform such other functions in connection with the review of court-martial cases as the judge advocate directs.
History: L. 1988, ch. 191, ยง 47; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 29 - Code Of Military Justice; Review Of Courts-martial
48-2915 (KCMJ Art. 59) Error of law; lesser included offense.
48-2916 (KCMJ Art. 60) Action by the convening authority.
48-2917 (KCMJ Art. 61) Waiver or withdrawal of appeal.
48-2918 (KCMJ Art. 62) Appeal by the state.
48-2919 (KCMJ Art. 63) Rehearings.
48-2920 (KCMJ Art. 64) Review by a judge advocate.
48-2921 (KCMJ Art. 65) Disposition of records.
48-2922 (KCMJ Art. 66) Review by court of military review.
48-2923 (KCMJ Art. 67) Review by Kansas court of appeals.
48-2924 (KCMJ Art. 69) Review in the office of the judge advocate general.
48-2925 (KCMJ Art. 70) Appellate counsel.
48-2926 (KCMJ Art. 71) Execution of sentence; suspension of sentence.
48-2927 (KCMJ Art. 72) Vacation of suspension.
48-2928 (KCMJ Art. 73) Petition for new trial.
48-2929 (KCMJ Art. 74) Remission and suspension.
48-2930 (KCMJ Art. 75) Restoration.
48-2931 (KCMJ Art. 76) Finality of proceedings, findings and sentences.