Petition for New Trial; Time Period; Grounds

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Military Affairs
  5. Code of Military Justice
  6. Review of Courts-Martial
  7. Petition for New Trial; Time Period; Grounds

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  1. At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must be shown as to why the petition should be granted.
  2. The decision of the convening authority provided for under subsection (a) of this Code section shall be appealable as provided for under Code Section 38-2-1067.

(Code 1981, §38-2-1073, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, §§ 228, 229.


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