Maine Revised Statutes
Chapter 5: MAINE CODE OF MILITARY JUSTICE
37-B §436. New trial

§436. New trial
At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record and such other evidence as the state judge advocate considers appropriate and report to the convening authority the state judge advocate's recommendation to grant or deny a new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 432, subsection 3. Upon filing of the petition for a new trial, any proceedings pending upon appeal or review of sentence must be dismissed.   [RR 2019, c. 1, Pt. B, §35 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §30 (AMD). RR 2019, c. 1, Pt. B, §35 (COR).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT

Chapter 5: MAINE CODE OF MILITARY JUSTICE

37-B §401. Title

37-B §402. Definitions

37-B §403. Persons subject to the Code

37-B §404. Places where applicable

37-B §405. Judge advocates

37-B §406. Apprehension

37-B §407. Arrest or confinement

37-B §408. Designated jails

37-B §409. Probable cause

37-B §410. Information on charges; speedy trial

37-B §411. Quelling of disorders

37-B §412. Receiving prisoners

37-B §413. Report of persons held

37-B §414. Application of the United States Manual for Courts-Martial

37-B §415. Nonjudicial punishment (REPEALED)

37-B §415-A. Nonjudicial punishment

37-B §416. Court-martial

37-B §417. Sentences

37-B §418. Jurisdiction

37-B §419. Convening a court-martial

37-B §420. Composition of court-martial

37-B §421. Military judge

37-B §422. Counsel

37-B §423. Court reporters

37-B §424. Members of court-martial

37-B §425. Pretrial procedures

37-B §426. Limitation of charges

37-B §427. Witnesses

37-B §428. Execution of sentences

37-B §429. Record of trial

37-B §430. State judge advocate's opinion

37-B §431. Approval of findings and sentence

37-B §432. Reconsideration

37-B §433. Appeal

37-B §434. Judicial review

37-B §435. Approval by the Governor

37-B §436. New trial

37-B §437. Restoration of rights

37-B §438. Included offenses

37-B §439. Attempts

37-B §440. Conspiracy

37-B §441. Desertion

37-B §442. Absent without leave

37-B §443. Missing movement

37-B §444. Disrespect to officer

37-B §445. Striking or disobeying an officer

37-B §446. Striking or disobeying a noncommissioned officer

37-B §447. Failure to obey order

37-B §448. Mutiny; sedition

37-B §449. Breaking arrest

37-B §450. Under influence of alcohol or drugs on duty

37-B §451. Sentinels

37-B §452. Feigning illness to avoid duty

37-B §453. False testimony

37-B §454. False official statements

37-B §455. Cruelty and maltreatment

37-B §456. Military property of United States or State; sale, loss, damage, destruction or wrongful disposition

37-B §457. Wrongful possession of controlled substance

37-B §458. Larceny and wrongful appropriation

37-B §459. Assault

37-B §460. Behavior that is prejudicial to good order and discipline of military forces or that discredits military forces

37-B §461. Sexual assault

37-B §462. Operating under the influence

37-B §463. Harassment