Action by adjutant general regarding subject matter jurisdiction.

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33-10-207. Action by adjutant general regarding subject matter jurisdiction.

The record of trial and related documents in each case reviewed pursuant to §33-10-206 shall be sent for action to the adjutant general. The adjutant general may:

(1)If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or

(2)Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.

Source: SL 2012, ch 175, §188.


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