Nevada Military Affairs and Civil Emergencies
Sec. § 412.431
Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of certain cases sent for action to Adjutant General; authority of senior force judge advocate to send record of certain cases to Governor for review and action; review authorized by senior force judge advocate upon finding of not guilty and submission of such reviewed cases to Adjutant General for action required.


1.

The senior force judge advocate or his or her designee shall review each general and special court-martial case in which there has been a finding of guilty. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review of the senior force judge advocate or designee must be in writing and must contain the following:

(a)

Conclusions as to whether:

(1)

The court has jurisdiction over the accused and the offense;

(2)

The charge and specification stated an offense; and

(3)

The sentence was within the limits prescribed by law.

(b)

A response to each allegation of error made in writing by the accused.

(c)

If the case is sent for action pursuant to subsection 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

2.

The record of trial and related documents in each case reviewed under subsection 1 must be sent for action to the Adjutant General if:

(a)

The senior force judge advocate who reviewed the case recommends corrective action;

(b)

The sentence approved includes dismissal, a bad-conduct discharge, dishonorable discharge or confinement for more than 6 months; or

(c)

Such action is otherwise required by regulations of the Adjutant General.

3.

The Adjutant General may:

(a)

Disapprove or approve the findings or sentence, in whole or in part;

(b)

Remit, commute or suspend the sentence in whole or in part;

(c)

Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both; or

(d)

Dismiss the charges.

4.

If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

5.

If the opinion of the senior force judge advocate or designee, in the review under subsection 1, is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the senior force judge advocate or designee, the record of trial and action thereon must be sent to the Governor for review and action as deemed appropriate.

6.

The senior force judge advocate or his or her designee may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate or designee shall limit any review under this subsection to questions of subject matter jurisdiction as that jurisdiction is set forth in NRS 412.256.

7.

The record of trial and related documents in each case reviewed under subsection 6 must be sent for action to the Adjutant General.

8.

The Adjutant General may:

(a)

When 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

(b)

Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
Source
Last accessed
Aug. 19, 2019