55-443. Court of Military Review; powers.
(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the manual for courts-martial adopted pursuant to section 55-426.
(2) In a case referred to it, the Court of Military Review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(3) If the Court of Military Review sets aside the findings and sentence, it may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(4) The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the Court of Military Review. If the Court of Military Review has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.
(5) The State Judge Advocate shall prescribe uniform rules of procedure for the Court of Military Review.
(6) No judge of a Court of Military Review shall be eligible to review the record of any trial if such judge (a) served as investigating officer in the case, (b) served as a member of the court-martial before which such trial was conducted, or (c) served as military judge, trial or defense counsel, or reviewing officer of such trial.
Source
Structure Nebraska Revised Statutes
55-101 - Military code; how cited.
55-102 - Military code; contents.
55-103 - Military code; legislative intent.
55-104 - Military code; definitions.
55-105 - Militia; classes, defined.
55-106 - Militia; persons subject to duty; exemptions.
55-107 - National Guard Reserve.
55-108 - National Guard; organization; federal regulations.
55-109 - National Guard; units; location.
55-110 - National Guard; uniform; arms; equipment.
55-111 - National Guard; units; inspection.
55-112 - Military property; custody and care; violation; penalty.
55-113 - National Guard; drills; encampments; maneuvers.
55-114 - National Guard; annual encampment; attendance.
55-115 - Militia; commander in chief; powers.
55-116 - Militia; state of insurrection; power of Governor to proclaim.
55-117 - Militia; National Guard; induction into actual service; occasions.
55-118 - Militia; draft for service; apportionment.
55-119 - Militia; rules and regulations.
55-120 - National Guard; Military Department; officers; personnel; rank.
55-122 - Adjutant General; powers and duties.
55-122.01 - Adjutant General; military ceremonies and honors; duties; provide flag; when.
55-123 - Adjutant General; disbursing officer; bond or insurance.
55-125 - Adjutant General; assistants; qualifications.
55-126 - Adjutant General; assistants; duties; bond or insurance; salary.
55-127 - United States property and fiscal officer; duties; bond or insurance.
55-128 - Adjutant General; seal.
55-129 - Adjutant General; reports.
55-132 - Adjutant General; armories; rifle ranges; control; management; rental.
55-134 - National Guard; composition; discrimination prohibited.
55-135 - National Guard; personnel; number; grade; service.
55-136 - National Guard; officers; qualifications; service; discharge.
55-137 - National Guard; officers; commissions.
55-138 - National Guard; officers; selection; separation.
55-139 - National Guard; officers; powers and duties.
55-139.01 - National Guard; peace officer; powers.
55-140 - National Guard; oaths; commissioned officers may administer.
55-141 - Militia; commissioned officers; power of arrest.
55-141.01 - Transferred to section 55-124.
55-143 - National Guard; officers; fitness; determination.
55-144 - National Guard; officers; resignation.
55-145 - National Guard; officers; resignations; acceptance; limitations.
55-146 - National Guard; personnel; ordered to active duty; limitations.
55-147 - National Guard; officers; retired at higher grade, when.
55-149 - National Guard; arms; supplies; issuance.
55-150 - National Guard; officers; bond or insurance; amount; conditions.
55-151 - National Guard; enlistments; reenlistments; how made; qualifications.
55-152 - National Guard; federal service; termination; enlistments unaffected.
55-153 - National Guard; continuous service, defined.
55-154 - Militia; enlistments; length.
55-155 - National Guard; enlisted personnel; discharge.
55-156 - National Guard; dishonorable discharge; effect; posting.
55-157.02 - Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.
55-157.03 - Incentive payments; purpose; restrictions.
55-158 - Compensation; payment.
55-160 - Military leave of absence without loss of pay; limitations.
55-161 - Military leave of absence; rights of officer or employee.
55-161.02 - Officers and employees of state; employer; granting of rights of veteran; effect.
55-164 - Military leave of absence; damages for noncompliance.
55-165 - Military leave of absence; violation; penalty.
55-167 - Member of military forces; active service; exempt from arrest on civil process.
55-168 - Militia; active service; civil and criminal liability; immunity.
55-169 - Militia; action or proceeding against member on active service; bond; conditions.
55-170 - Militia; action or proceeding against member on active service; change of venue.
55-171 - Militia; action or proceeding against member on active service; legal counsel; expense.
55-173 - National Guard; Nebraska State Guard; labor service; jury service; exemptions.
55-174 - National Guard; fire department or district membership or service; effect on duty.
55-175 - National Guard; members in uniform; failure to admit or serve; penalty.
55-176 - Transferred to section 28-1481.
55-177 - Transferred to section 28-1482.
55-178 - National Guard; payrolls; certification; transmission.
55-179 - National Guard; vouchers; payrolls; payment; warrants.
55-180 - National Guard; encampment; commanding officer; powers; duties.
55-181 - Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.
55-182 - Nebraska National Guard; rights.
55-201 - Nebraska State Guard; when called into service; organization.
55-202 - Rules and regulations; acceptance of gratuities; conditions.
55-203 - Commissions; enlistments; qualifications.
55-204 - Commissions; conviction of felony; effect; fingerprints.
55-205 - Enlistment; term; oath.
55-207 - Members; compensation.
55-208 - Equipment; facilities.
55-212 - Service within state; exceptions.
55-213 - Fugitive; apprehension in another state; duty.
55-214 - Fugitive to this state; capture authorized.
55-215 - Fugitive to this state; apprehension; surrender to local authorities.
55-216 - Fugitive to this state; sections, how construed.
55-217 - Federal service; treatment of guard members.
55-218 - Civil organizations; not eligible for enlistment.
55-403 - Code; persons subject to.
55-404 - Fraudulent discharge; deserters; trial by court-martial.
55-407 - State Judge Advocate; appointment.
55-408 - Staff Judge Advocates; duties; restrictions.
55-409 - Apprehension of persons.
55-410 - Apprehension of deserters.
55-411 - Imposition of restraint.
55-412 - Restraint of persons charged with offenses.
55-413 - Confinement and imprisonment other than in guardhouse.
55-414 - Reports and receiving of prisoners.
55-415 - Manual for Courts-Martial, United States; applicability.
55-416 - Commanding officer's nonjudicial punishment.
55-417 - Court-martial, defined; jurisdiction.
55-418 - Court-martial; jurisdiction.
55-419 - Court-martial; jurisdiction; not exclusive.
55-420 - Court-martial; who may convene.
55-421 - Court-martial; members; eligibility.
55-422 - Court-martial; military judge; qualifications.
55-423 - Court-martial; trial counsel; defense counsel; detail.
55-424 - Court-martial; reports; interpreters; detail.
55-425 - Court-martial; absent members; new members; disability of military judge; effect.
55-426 - Court-martial; pretrial; trial; procedures applicable.
55-427 - Statute of limitations.
55-428 - Witness; failure to appear; procedure.
55-429 - Cruel and unusual punishment, prohibited.
55-430 - Punishment; limitation.
55-431 - Sentences; effective date.
55-432 - Confinement; execution.
55-433 - Sentences; reduction in grade.
55-434 - Court-martial; error of law; effect.
55-435 - Court-martial; record; action on.
55-436 - Court-martial; records; reference.
55-437 - Reconsideration; revision.
55-439 - Approval by the convening authority.
55-440 - Disposition of records after review by the convening authority.
55-441 - Court of Military Review; members; qualifications; appointment.
55-442 - Court of Military Review; compensation.
55-443 - Court of Military Review; powers.
55-444 - Counsel for appellant; appointment.
55-445 - Review of cases; procedure.
55-447 - Petition for new trial.
55-449 - Restoration of rights, privileges, property.
55-450 - Accessory after the fact, defined.
55-451 - Conviction of lesser offense; when.
55-452 - Attempt to commit an offense.
55-454 - Solicitation for violation of code.
55-455 - Fraudulent enlistment, appointment, or separation.
55-456 - Unlawful enlistment, appointment, or separation.
55-458 - Absence without leave.
55-460 - Contempt toward officials.
55-461 - Disrespect toward superior commissioned officer.
55-462 - Superior commissioned officer; assaulting; willfully disobeying.
55-463 - Warrant officer, noncommissioned officer; insubordination.
55-464 - Failure to obey order or resolution.
55-465 - Cruelty; maltreatment.
55-467 - Resistance; breach of arrest; escape.
55-468 - Seizure of abandoned property.
55-469 - Military property of United States; loss, damage, destruction, or wrongful disposition.
55-470 - Drunk or reckless driving.
55-471 - Alcoholic liquor; drugs; consumption on duty.
55-472 - Misbehavior of sentinel.
55-474 - Riot or breach of peace.
55-475 - Provoking speeches or gestures.
55-477 - Conduct unbecoming an officer and a gentleman.
55-478 - Obtaining property unlawfully.
55-480 - Disorders and prejudice of good order and discipline.
55-503 - Family military leave authorized; conditions.
55-504 - Employee exercising right to family military leave; rights; continuation of benefits.
55-505 - Loss of certain employee benefits prohibited; act; how construed.
55-506 - Employer; actions prohibited.
55-507 - Civil action authorized; remedies authorized.
55-601 - Commission on Military and Veteran Affairs; created; members; terms; vacancy.
55-602 - Commission on Military and Veteran Affairs; powers and duties.
55-603 - Commission on Military and Veteran Affairs; officers; meetings; records.
55-604 - Commission on Military and Veteran Affairs; expenses.
55-605 - Military affairs liaison; duties.
55-703 - Civil action; relief available.
55-704 - Nebraska National Guard; duties.
55-801 - United States Space Command Headquarters Assistance Fund; created; use; investment.
55-901 - Military Base Development and Support Fund; created; use; investment; matching funds.