48-2928. (KCMJ Art. 73) Petition for new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the judge advocate general for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a court of military review or before the Kansas court of appeals, the judge advocate general shall refer the petition to the appropriate court for action. Otherwise the judge advocate general shall act upon the petition.
History: L. 1988, ch. 191, ยง 50; 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.