NRS 412.422
Reporting of findings and sentence to convening authority

  • submission of matters for consideration by accused
  • modification of findings and sentence by convening authority
  • action on sentence
  • proceeding in revision or rehearing
  • initial review by convening authority
  • review of record and opinion by State Judge Advocate.

1.

The findings and sentence of a court-martial must be reported promptly to the convening authority after the announcement of the sentence.

2.

The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission must be in writing. Except in a summary court-martial case, such a submission must be made within 10 days after the accused has been given an authenticated record of trial under subsection 4 and, if applicable, the recommendation of a judge advocate. In a summary court-martial case, such a submission must be made within 7 days after the sentence is announced.

3.

If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under subsection 2 for not more than an additional 20 days.

4.

In a summary court-martial case, the accused must be promptly provided a copy of the record of trial for use in preparing a submission authorized by subsection 2.

5.

The accused may waive the right to make a submission to the convening authority under subsection 2. Such a waiver must be made in writing and may not be revoked. For the purposes of subsection 7, the time within which the accused may make a submission pursuant to this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

6.

The convening authority has sole discretion to modify the findings and sentence of a court-martial pursuant to this section. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.

7.

Action on the sentence of a court-martial must be taken by the convening authority or by another person authorized to act under this section. The convening authority or other person authorized to take such action may do so only after consideration of any matters submitted by the accused pursuant to subsection 2 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action may approve, disapprove, commute or suspend the sentence in whole or in part.

8.

The convening authority or other person authorized to act on the sentence of a court-martial may, in the person’s sole discretion:

(a)

Dismiss any charge or specifications by setting aside a finding of guilty;

(b)

Change a finding of guilty on a charge or specification to a finding of guilty on an offense that is a lesser included offense of the offense stated in the charge or specification; or

(c)

Refrain from taking any such action.

9.

Before acting under this section on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this section shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate must include such matters as may be prescribed by regulation and must be served on the accused, who may submit any matter in response pursuant to subsection 2. By failing to object in the response to the recommendation or to any matter attached to the recommendation, the accused waives the right to object thereto.

10.

The convening authority or other person taking action under this section, in the person’s sole discretion, may order a proceeding in revision or a rehearing if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(a)

Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(b)

Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this Code; or

(c)

Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

11.

The convening authority or other person taking action under this section may order a rehearing if that person disapproves the findings and sentences and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. The convening authority or other person taking action under this subsection may not order a rehearing as to the findings where there is a lack of sufficient evidence in the record to support the findings. The convening authority or other person taking action under this subsection may order a rehearing as to the sentence if that person disapproves the sentence.

12.

After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or by the Governor.

13.

The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion must be limited to questions of jurisdiction.

Source: Section 412.422 — Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority; review of record and opinion by State Judge Advocate., https://www.­leg.­state.­nv.­us/NRS/NRS-412.­html#NRS412Sec422.

412.012
Definitions.
412.014
“Office” defined.
412.016
“Office regulations” defined.
412.018
“Officer” defined.
412.022
“Reservists” defined.
412.024
“Volunteers” defined.
412.026
Composition of militia.
412.032
Powers and duties of officers
412.034
Governor as Commander in Chief
412.036
Applicability of custom and usage of United States Army and United States Air Force.
412.038
Service of Nevada National Guard outside State.
412.042
Military staff of Governor.
412.044
Adjutant General: Appointment
412.046
Adjutant General: Restriction on holding other office of profit.
412.048
Adjutant General: Duties
412.052
Adjutant General: Additional duties
412.054
Assistant Adjutants General.
412.056
Acting Adjutant General.
412.058
United States Property and Fiscal Officer.
412.062
Attorney General as military legal adviser.
412.064
Establishment
412.066
Enumeration of powers and duties not exclusive.
412.068
Adjutant General as Director of Office.
412.072
Organization and reorganization of Office.
412.074
Army and air technicians.
412.076
Status of members of militia and employees on active duty.
412.082
Drawing warrants.
412.084
Receipt and disposition of certain federal money.
412.086
Deposits in State General Fund and Permanent School Fund.
412.088
Promotion of practice with rifle and pistol.
412.092
“Armory” defined.
412.094
Control of armory and property
412.096
Insurance against loss and mysterious disappearance of equipment and supplies.
412.098
Armory and arsenal: Duties of State Public Works Division of Department of Administration.
412.102
Armory: Provision
412.103
Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law.
412.104
Reconveyance of land to political subdivision.
412.106
Use of armory.
412.108
Lease or agreement for use of armory
412.109
Lease or agreement for use of facility of Office other than armory
412.112
Army National Guard.
412.114
Air National Guard.
412.116
Organization and training
412.117
Privacy of members of opposite sexes.
412.118
Assemblies, periodic training and other duties.
412.122
Governor may order National Guard into active service of State and declare martial law
412.123
Order calling National Guard into active service: Directed to commanding officer
412.124
Adjutant General may order National Guard to active duty with Governor’s approval
412.126
Voluntary military organization: Licensing by Governor
412.128
Ordering reservists of National Guard or volunteer military organization into active service
412.134
Reservists and volunteers on active duty: Period
412.136
Deserters.
412.138
Pay and allowances when National Guard used as labor force.
412.139
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Participation in training, active service or duty, or other required meetings
412.142
Industrial insurance
412.143
Postsecondary educational benefits.
412.144
Credit for active federal service.
412.146
Eligibility to state office of federally paid members of militia.
412.152
Privileged reports and communications
412.153
Personal information in documents submitted to county recorder: Confidentiality.
412.154
Immunity from civil and criminal liability
412.156
Appointment and promotion of commissioned officer
412.158
Applicability of chapter to warrant officers.
412.162
Nevada Military Academy: Creation
412.164
Qualifications.
412.166
Oath.
412.168
Assignment, reassignment, transfer or detailing
412.172
Resignation
412.174
Certain absence without leave considered resignation.
412.176
Efficiency and medical examining boards
412.178
Efficiency and medical examining boards: Procedure
412.182
Responsibility for public property.
412.186
Nevada National Guard Association.
412.188
Enlistment, period of service, oath, transfer and discharge
412.192
Noncommissioned officers.
412.194
Absence without leave: Discharge.
412.196
Short title.
412.198
Definitions.
412.202
“Accuser” defined.
412.204
“Active state duty” defined.
412.206
“Apprehension” defined.
412.208
“Arrest” defined.
412.212
“Code” defined.
412.214
“Commanding officer” defined.
412.216
“Commissioned officer” defined.
412.218
“Confinement” defined.
412.222
“Convening authority” defined.
412.224
“Enlisted member” defined.
412.226
“Grade” defined.
412.232
“Legal officer” defined.
412.234
“May” defined.
412.236
“Military” defined.
412.238
“Military court” defined.
412.239
“Military judge” defined.
412.242
“Nevada National Guard” defined.
412.243
“Nonjudicial punishment” defined.
412.244
“Rank” defined.
412.246
“Shall” defined.
412.247
“Staff judge advocate” defined.
412.248
“State Judge Advocate” defined.
412.249
“State military forces” defined.
412.252
“Superior commissioned officer” defined.
412.253
Principal assistant: Conditions for assumption of command
412.254
Applicability.
412.256
Jurisdiction over certain offenses and to try certain personnel.
412.258
Application for court-martial by dismissed commissioned officer
412.262
Territorial applicability of Nevada Code of Military Justice.
412.263
Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error.
412.264
Judge advocates and legal officers.
412.266
Apprehension by authorized persons
412.267
Arrest of member failing or refusing to report to place of duty
412.268
Apprehension of deserter.
412.272
Order of apprehension, arrest or confinement.
412.274
Restraint of person charged with offense
412.276
Place of confinement.
412.277
Limitations on confinement.
412.278
Receipt of prisoner
412.282
Certain punishments prohibited while held for trial or result of trial
412.284
Delivery of offender to civil authority
412.286
Limitations on powers of commanding officer concerning nonjudicial punishment
412.287
Duty of commanding officer to maintain good order and discipline
412.288
Imposition and enforcement of disciplinary punishment without court-martial.
412.293
Use of formal proceeding by commanding officer after consultation
412.294
Suspension, remission or mitigation of punishment.
412.296
Appeal to superior authority.
412.298
Disciplinary punishment not bar to court-martial.
412.302
Records of nonjudicial punishment.
412.304
Courts-martial of Nevada National Guard not in federal service
412.306
Jurisdiction of courts-martial of each force.
412.307
Jurisdiction of courts-martial of each component and branch of state military forces.
412.308
General court-martial.
412.312
Special court-martial.
412.314
Summary court-martial.
412.316
Sentence of dismissal or dishonorable discharge must be approved by Governor.
412.318
When complete record of proceedings and testimony required.
412.322
Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.
412.324
Convening general court-martial.
412.326
Convening special court-martial.
412.328
Convening summary court-martial.
412.332
Eligibility to serve on courts-martial
412.334
Military judge of general or special court-martial.
412.336
Trial counsel and defense counsel.
412.338
Court reporter and interpreter.
412.342
Absence or excusal of member of court-martial
412.344
Charges and specifications.
412.346
Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited
412.348
Investigation: Procedure
412.352
Forwarding of charges to Governor.
412.354
Advice of State Judge Advocate
412.356
Service of charges.
412.358
Procedural regulations.
412.362
Unlawfully influencing action of court.
412.364
Duties of trial counsel and defense counsel.
412.366
Presence of members and parties at proceedings.
412.368
Continuance.
412.372
Challenges of military judge and members.
412.374
Oaths and affirmations.
412.376
Statute of limitations
412.378
Double jeopardy.
412.382
Pleas of accused
412.384
Obtaining witnesses and evidence: Procedure
412.386
Penalty for refusal of person not subject to Code to appear or testify.
412.388
Contempt
412.392
Deposition.
412.394
Admissibility of records of courts of inquiry.
412.396
Voting
412.398
Number of votes required.
412.402
Court to announce action.
412.404
Record of trial.
412.406
Cruel and unusual punishments prohibited.
412.408
Punishments limited.
412.412
Effective date of sentence.
412.414
Execution of confinement.
412.416
Reduction in enlisted grade upon approval.
412.418
Approval and execution or suspension of sentence.
412.422
Reporting of findings and sentence to convening authority
412.423
Withdrawal by accused of appeal or right to appeal.
412.424
Reconsideration and revision of court’s ruling
412.426
Rehearing or dismissal of charges upon disapproval of findings and sentence.
412.428
Approval by convening authority.
412.431
Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases
412.432
Review of records
412.433
Representation of government and accused upon appeal.
412.434
Error of law
412.436
Counsel for accused at review.
412.437
Procedure applicable to appeal from decision of court-martial.
412.438
Vacation of suspension of sentence.
412.442
Petition for new trial.
412.444
Remission and suspension of sentence
412.446
Restoration of rights
412.448
Finality of proceedings, findings and sentence.
412.449
Person found not guilty by reason of lack of mental responsibility: Commitment to facility
412.452
Trial or punishment for offense committed while subject to jurisdiction under the Code.
412.454
Principal.
412.456
Accessory after fact.
412.458
Conviction of lesser included offense.
412.462
Attempt.
412.464
Conspiracy.
412.466
Solicitation.
412.468
Fraudulent enlistment, appointment or separation.
412.472
Unlawful enlistment, appointment or separation.
412.474
Desertion.
412.476
Absence without leave.
412.478
Failure to make required move.
412.482
Contempt toward public officer.
412.484
Disrespect toward superior commissioned officer.
412.486
Assaulting or willfully disobeying superior commissioned officer.
412.488
Insubordinate conduct toward warrant officer or noncommissioned officer.
412.492
Failure to obey order or regulation.
412.494
Cruelty and maltreatment.
412.496
Mutiny or sedition.
412.498
Resisting arrest
412.502
Releasing prisoner without proper authority.
412.504
Unlawful detention.
412.506
Noncompliance with procedural rules.
412.508
Misbehavior before enemy.
412.512
Subordinate compelling surrender.
412.514
Improper use of countersign.
412.516
Forcing safeguard.
412.518
Improper use of captured or abandoned property.
412.522
Aiding enemy.
412.524
Misconduct as prisoner.
412.526
Making false official statement.
412.528
Loss, damage, destruction or wrongful disposition of military property.
412.532
Waste, spoilage or destruction of property other than military property.
412.534
Improper hazarding of vessel.
412.536
Drunken or reckless driving.
412.538
Drunk on duty
412.542
Dueling.
412.544
Malingering.
412.546
Riot or breach of peace.
412.548
Provoking words or gestures.
412.549
Stalking.
412.552
Stealing goods of less than $100 value.
412.554
Perjury.
412.556
Fraud against the government.
412.558
Conduct unbecoming an officer.
412.562
Disorder and neglect prejudicing good order and discipline
412.564
Court of inquiry.
412.566
Explanation of certain sections
412.568
Complaint against commanding officer.
412.572
Redress of injuries to property.
412.574
Process and mandates of military courts.
412.576
Payment and disposition of fine.
412.578
Immunity for action of military courts.
412.582
Presumption of jurisdiction.
412.583
Uniformity of construction.
412.584
Delegation of authority by Governor
412.588
Repossession of military property by State
412.592
Unlawful transfer of military property.
412.594
Unlawful wearing of uniform or insigne.
412.596
Wearing of uniform without authority
412.598
Arrest of trespasser or disturber
412.602
Right-of-way on public street and highway
412.604
Unlawful drill or parade with arms by voluntary company or voluntary organization without license
412.606
Discrimination against member of National Guard
412.1393
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Hearing before Labor Commissioner
412.1395
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment
412.1435
Patriot Relief Account: Creation
412.1555
Nevada War on Terrorism Medal: Creation
412.1945
Nevada Enlisted Association of the National Guard of the United States.
412.2435
“Principal assistant” defined.
412.2455
“Senior force judge advocate” defined.
412.2545
Persons subject to jurisdiction under Code.
412.2645
Person may not be tried or punished while incompetent.
412.2675
Warrant of arrest: Form
412.2875
Imposition of nonjudicial punishment: Duty of commanding officer
412.2877
Authority of commanding officer to impose nonjudicial punishment
412.2879
No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment.
412.2935
Announcement of results of punishment.
412.3345
Military judge: Qualifications.
412.3945
Affirmative defense of lack of mental responsibility: Limitations
412.4145
Deferment of service of sentence of confinement.
412.4155
Forfeiture of pay and allowances during period of confinement or parole
412.4157
Person sentenced by court-martial may be required to take leave under certain circumstances.
412.4375
Appeals by State.
412.4485
Provisions applicable to person determined to be incompetent
412.4495
Rights of person whose mental condition is subject of hearing.
412.5245
Spying.
412.5255
Communication, delivery or transmittal of object or information to foreign government or entity.
412.5385
Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.
412.5485
Sexual assault and sexual misconduct.
412.5495
Larceny and wrongful appropriation.
412.5505
Extortion.
412.5515
Assault and aggravated assault.
412.5645
Administration of oaths.
412.5835
Severability.
Last Updated

Jun. 24, 2021

§ 412.422’s source at nv​.us