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2018 Georgia Code 38-2-1058.2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-1058.2 Case Law from Google Scholar Amendments to OCGA 38-2-1058.2

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1058.2. Forfeiture of pay and allowances.

    1. A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.
    2. A sentence covered by this subsection shall be any sentence that includes:
      1. Confinement for more than six months; or
      2. Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.
  2. In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
  3. If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

(Code 1981, §38-2-1058.2, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

PART 9 R EVIEW OF COURTS-MARTIAL

38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.

  1. A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
  2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

(Code 1981, §38-2-1059, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 859.

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 222.

ALR.

- Review by civil courts of court-martial convictions, 15 A.L.R.2d 387.

Review by federal civil courts of court-martial convictions - modern cases, 95 A.L.R. Fed. 472.

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