Subdivision 1. Appeal. (a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:
(1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
(2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
(3) an order or ruling that directs the disclosure of classified information;
(4) an order or ruling that imposes sanctions for nondisclosure of classified information;
(5) a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and
(6) a refusal by the military judge to enforce an order described in clause (5) that has previously been issued by the appropriate authority.
(b) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. The notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(c) An appeal under this section shall be diligently prosecuted as provided by law.
Subd. 2. Appeal forwarded. An appeal under this section shall proceed as prescribed in section 192A.371. In ruling on an appeal under this section, that court may act only with respect to matters of law.
Subd. 3. Delay of appeal. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
2013 c 78 s 15; 2022 c 89 art 5 s 2
Structure Minnesota Statutes
Chapters 190 - 195 — Military Affairs
Chapter 192A — Uniform Code Of Military Justice
Section 192A.01 — Short Title.
Section 192A.015 — Definitions.
Section 192A.02 — Persons Subject To This Code; Jurisdiction.
Section 192A.021 — Purely Military Offenses.
Section 192A.025 — Jurisdiction To Try Certain Personnel.
Section 192A.03 — Dismissal Of Commissioned Officer.
Section 192A.035 — Territorial Applicability Of Code.
Section 192A.04 — Judge Advocates And Legal Officers.
Section 192A.041 — Practice Of Military Law.
Section 192A.045 — Apprehension.
Section 192A.05 — Apprehension Of Deserters.
Section 192A.055 — Imposition Of Pretrial Restraint.
Section 192A.065 — Confinement In Jails.
Section 192A.07 — Receiving Prisoners.
Section 192A.08 — Delivery Of Offenders To Civil Authorities.
Section 192A.0851 — Commanding Officer's Nonjudicial Punishment.
Section 192A.09 — Members Of State Military Forces Not In Federal Active Service.
Section 192A.095 — Jurisdiction Of Courts-martial In General.
Section 192A.10 — Jurisdiction Of General Courts-martial.
Section 192A.105 — Jurisdiction Of Special Courts-martial.
Section 192A.11 — Jurisdiction Of Summary Courts-martial.
Section 192A.111 — Maximum Limits.
Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.
Section 192A.13 — Who May Convene General Courts-martial.
Section 192A.135 — Who May Convene Special Courts-martial.
Section 192A.14 — Who May Convene Summary Courts-martial.
Section 192A.15 — Military Judge System.
Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.
Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.
Section 192A.20 — Governor May Prescribe Rules.
Section 192A.205 — Unlawful Command Influence.
Section 192A.235 — Statute Of Limitations.
Section 192A.24 — Former Jeopardy.
Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.
Section 192A.255 — Refusal To Appear Or Testify.
Section 192A.28 — Grounds For Conviction.
Section 192A.31 — Execution Of Confinement.
Section 192A.341 — Error Of Law; Lesser Included Offenses.
Section 192A.343 — Action By Convening Authority.
Section 192A.351 — Withdrawal Of Appeal.
Section 192A.353 — Appeal By State.
Section 192A.361 — Rehearings.
Section 192A.363 — Review By Senior Force Judge Advocate.
Section 192A.371 — Review By State Appellate Authority.
Section 192A.373 — Appellate Counsel.
Section 192A.381 — Finality Of Proceedings, Findings, And Sentences.
Section 192A.384 — Offenses Subject To Court-martial.
Section 192A.395 — Accessory After The Fact.
Section 192A.40 — Conviction Of Lesser Included Offense.
Section 192A.415 — Solicitation.
Section 192A.42 — Fraudulent Enlistment, Appointment, Or Separation.
Section 192A.425 — Unlawful Enlistment, Appointment, Or Separation.
Section 192A.435 — Absence Without Leave.
Section 192A.44 — Missing Movement.
Section 192A.445 — Contempt Towards Officials.
Section 192A.45 — Disrespect Towards Superior Commissioned Officer.
Section 192A.455 — Assaulting Or Willfully Disobeying Superior Commissioned Officer.
Section 192A.46 — Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer.
Section 192A.465 — Failure To Obey Order Or Rule.
Section 192A.47 — Cruelty And Maltreatment.
Section 192A.475 — Mutiny Or Sedition.
Section 192A.48 — Resistance, Breach Of Arrest, And Escape.
Section 192A.485 — Releasing Prisoner Without Proper Authority.
Section 192A.49 — Unlawful Detention Of Another.
Section 192A.495 — Noncompliance With Procedural Rules.
Section 192A.50 — Misbehavior Before The Enemy.
Section 192A.51 — Improper Use Of Countersign.
Section 192A.515 — Forcing A Safeguard.
Section 192A.525 — Aiding The Enemy.
Section 192A.535 — False Official Statements.
Section 192A.54 — Military Property; Loss, Damage, Destruction, Or Wrongful Disposition.
Section 192A.545 — Property Other Than Military Property; Waste, Spoilage, Or Destruction.
Section 192A.55 — Improper Hazarding Of Vessel Or Aircraft.
Section 192A.555 — Driving While Under The Influence Or Reckless Driving.
Section 192A.566 — Illegal Presence Of Controlled Substance While In Duty Status.
Section 192A.57 — Malingering.
Section 192A.575 — Riot Or Breach Of Peace.
Section 192A.59 — Frauds Against The Government.
Section 192A.595 — Larceny And Wrongful Appropriation.
Section 192A.60 — Conduct Unbecoming An Officer.
Section 192A.6012 — Nonconsensual Distribution Of Intimate Images.
Section 192A.6013 — Fraudulent Use Of Credit Cards, Debit Cards, And Other Access Devices.
Section 192A.6014 — Unauthorized Use Of Government Computer.
Section 192A.6015 — Retaliation.
Section 192A.605 — General Article.
Section 192A.61 — Courts Of Inquiry.
Section 192A.612 — Search Warrants.
Section 192A.615 — Authority To Administer Oaths.
Section 192A.62 — Sections To Be Explained.
Section 192A.625 — Complaints Of Wrongs.
Section 192A.63 — Redress Of Injuries To Property.
Section 192A.635 — Execution Of Process And Sentence.
Section 192A.64 — Process Of Military Courts.
Section 192A.645 — Payment And Disposition Of Fines.
Section 192A.65 — Immunity For Action Of Military Courts.