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This entry was published on 2014-09-22
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SECTION 130.68
Review in the office of the state judge advocate
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.68. Review in the office of the state judge advocate. (a) The
record of trial in each general court-martial that is not otherwise
reviewed under section 130.65 of this article shall be examined in the
office of the state judge advocate if there is a finding of guilty and
the accused does not waive or withdraw his right to appellate review
under section 130.61 of this article. If any part of the findings or
sentence is found to be unsupported in law or if reassessment of the
sentence is appropriate, the state judge advocate may modify or set
aside the findings or sentence or both. If the state judge advocate so
directs, the record shall be reviewed by a board of military review
under section 130.65 of this article.

(b) The findings or sentence, or both, in a court-martial case not
reviewed under subdivision (a) of this section or under section 130.65
of this article may be modified or set aside, in whole or in part, by
the state judge advocate on the ground of newly discovered evidence,
fraud on the court, lack of jurisdiction over the accused or the
offense, error prejudicial to the substantial rights of the accused, or
the appropriateness of the sentence. If such a case is considered upon
application of the accused, the application must be filed in the
division of military and naval affairs legal office by the accused on or
before the last day of the two-year period beginning on the date the
sentence is approved under subdivision (c) of section 130.60 of this
article, unless the accused established good cause for failure to file
within that time.