§ 30-13-68. Review of records.
(a) If the convening authority is the governor, his or her action on the review of any record of trial is final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence of a special court-martial as approved in accordance with the provisions of § 30-13-62 includes a bad-conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate staff judge advocate or legal officer of the next higher command not having previously reviewed the record pursuant to § 30-13-62, if any there be, to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer shall then be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shall be sent to the law specialist or legal officer of the appropriate force of the state military forces and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed by the governor.
(d) The state judge advocate shall review the record of trial in each case sent to him or her for review as provided under subsection (b) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in any case reviewable by him or her.
(f) In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. The state judge advocate may affirm only such findings of guilty, and the sentence or such a part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the state judge advocate 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. If the state judge advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the state judge advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
(g) In a case reviewable by the state judge advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. If the state judge advocate has ordered a rehearing but the convening authority finds a rehearing impracticable within a reasonable time, he or she shall dismiss the charges.
(h) The state judge advocate may order one or more boards of review each composed of not less than three (3) commissioned officers of the state military forces, each of whom must be a member of the bar of the highest court of the state. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the state judge advocate. Boards of review have the same authority on review as the state judge advocate has under this section.
History of Section.G.L. 1956, § 30-13-68; P.L. 1962, ch. 82, § 1.
Structure Rhode Island General Laws
Title 30 - Military Affairs and Defense
Chapter 30-13 - Rhode Island Code of Military Justice
Section 30-13-1. - Definitions.
Section 30-13-2. - Persons subject to code.
Section 30-13-3. - Jurisdiction to try certain personnel.
Section 30-13-4. - Court-martial of dismissed officer.
Section 30-13-5. - Territorial applicability of code.
Section 30-13-6. - Judge advocates and legal officers.
Section 30-13-7. - Authority to apprehend.
Section 30-13-8. - Apprehension of deserters.
Section 30-13-9. - Imposition of restraint.
Section 30-13-10. - Restraint of persons charged with offenses.
Section 30-13-11. - Confinement in jails.
Section 30-13-12. - Reports and receiving of prisoners.
Section 30-13-13. - Punishment prohibited before trial.
Section 30-13-14. - Delivery of offenders to civil authorities.
Section 30-13-15. - Nonjudicial punishment.
Section 30-13-16. - Courts-martial — Composition.
Section 30-13-17. - Jurisdiction of courts-martial — In general.
Section 30-13-18. - Jurisdiction of general courts-martial.
Section 30-13-19. - Jurisdiction of special courts-martial.
Section 30-13-20. - Jurisdiction of summary courts-martial.
Section 30-13-21. - Sentences to be approved by governor.
Section 30-13-23. - Confinement in default of payment of fine.
Section 30-13-24. - Who may convene general courts-martial.
Section 30-13-25. - Who may convene special courts-martial.
Section 30-13-26. - Who may convene summary courts-martial.
Section 30-13-27. - Who may serve on courts-martial.
Section 30-13-28. - Law officer of a general court-martial.
Section 30-13-29. - Detail of trial counsel and defense counsel.
Section 30-13-30. - Reporters and interpreters.
Section 30-13-31. - Absent and additional court-martial members.
Section 30-13-32. - Charges and specifications.
Section 30-13-33. - Compulsory self-incrimination prohibited.
Section 30-13-34. - Investigation.
Section 30-13-35. - Forwarding of charges.
Section 30-13-36. - Advice of state judge advocate and reference for trial.
Section 30-13-37. - Service of charges.
Section 30-13-38. - Confinement pending trial — Bail.
Section 30-13-39. - Governor may prescribe procedure.
Section 30-13-40. - Unlawfully influencing action of court.
Section 30-13-41. - Duties of trial counsel and defense counsel.
Section 30-13-43. - Continuances.
Section 30-13-44. - Challenges.
Section 30-13-46. - Statute of limitations.
Section 30-13-47. - Double jeopardy.
Section 30-13-48. - Entering of not-guilty plea by court.
Section 30-13-49. - Opportunity to obtain witnesses and other evidence.
Section 30-13-50. - Refusal to appear or testify.
Section 30-13-52. - Depositions.
Section 30-13-53. - Admissibility of records of courts of inquiry.
Section 30-13-54. - Voting and rulings by court-martial.
Section 30-13-55. - Number of votes required.
Section 30-13-56. - Court to announce action.
Section 30-13-57. - Record of trial.
Section 30-13-58. - Cruel and unusual punishment prohibited.
Section 30-13-59. - Maximum limits.
Section 30-13-60. - Effective date of sentences.
Section 30-13-61. - Execution of confinement.
Section 30-13-62. - Approval of sentence.
Section 30-13-63. - Initial action on the record.
Section 30-13-64. - Opinion of judge advocate.
Section 30-13-65. - Reconsideration and revision of record.
Section 30-13-66. - Rehearings.
Section 30-13-67. - Approval by convening authority.
Section 30-13-68. - Review of records.
Section 30-13-69. - Error of law — Lesser included offense.
Section 30-13-70. - Review counsel.
Section 30-13-71. - Vacation of suspension.
Section 30-13-72. - Petition for new trial.
Section 30-13-73. - Remission and suspension of sentence — Substitution of administrative discharge.
Section 30-13-74. - Restoration following sentence set aside.
Section 30-13-75. - Finality of proceedings, findings, and sentences.
Section 30-13-76. - Persons to be tried or punished.
Section 30-13-77. - Principals.
Section 30-13-78. - Accessory after the fact.
Section 30-13-79. - Lesser included offenses.
Section 30-13-81. - Conspiracy.
Section 30-13-82. - Solicitation.
Section 30-13-83. - Fraudulent enlistment, appointment, or separation.
Section 30-13-84. - Unlawful enlistment, appointment, or separation.
Section 30-13-85. - Desertion.
Section 30-13-86. - Absence without leave.
Section 30-13-87. - Missing movement.
Section 30-13-88. - Contempt towards officials.
Section 30-13-89. - Disrespect towards superior commissioned officer.
Section 30-13-90. - Assaulting or willfully disobeying superior commissioned officer.
Section 30-13-92. - Failure to obey order or regulation — Derelict performance.
Section 30-13-93. - Cruelty and maltreatment.
Section 30-13-94. - Mutiny or sedition.
Section 30-13-95. - Resistance, breach of arrest, and escape.
Section 30-13-96. - Releasing prisoner without proper authority.
Section 30-13-97. - Unlawful detention of another.
Section 30-13-98. - Noncompliance with procedural rules.
Section 30-13-99. - Misbehavior before the enemy.
Section 30-13-100. - Subordinate compelling surrender.
Section 30-13-101. - Improper use of countersign.
Section 30-13-102. - Forcing a safeguard.
Section 30-13-103. - Captured or abandoned property.
Section 30-13-104. - Aiding the enemy.
Section 30-13-105. - Misconduct of prisoner of war.
Section 30-13-106. - False official statements.
Section 30-13-107. - Military property — Loss, damage, destruction, or wrongful disposition.
Section 30-13-108. - Property other than military property — Waste, spoilage, or destruction.
Section 30-13-109. - Improper hazarding of vessel.
Section 30-13-110. - Drunken or reckless driving.
Section 30-13-111. - Drunk on duty — Sleeping on post — Leaving post before relief.
Section 30-13-113. - Malingering.
Section 30-13-114. - Riot or breach of peace.
Section 30-13-115. - Provoking speeches or gestures.
Section 30-13-117. - Frauds against government.
Section 30-13-118. - Larceny and wrongful appropriation.
Section 30-13-119. - Unbecoming conduct.
Section 30-13-120. - General disorders and neglect.
Section 30-13-121. - Courts of inquiry.
Section 30-13-122. - Authority to administer oaths.
Section 30-13-123. - Provisions to be explained.
Section 30-13-124. - Complaints of wrongs.
Section 30-13-125. - Redress of injuries to property.
Section 30-13-126. - Execution of processes and sentences.
Section 30-13-127. - Process of military courts.
Section 30-13-128. - Payment of fines and disposition thereof.
Section 30-13-129. - Immunity for action of military courts.
Section 30-13-130. - Presumption of jurisdiction.
Section 30-13-131. - Delegation of authority by governor.
Section 30-13-132. - Conformity to federal law.
Section 30-13-133. - Expenses of courts.