TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1073. Petition for new trial; time period; grounds.
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At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must be shown as to why the petition should be granted.
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The decision of the convening authority provided for under subsection (a) of this Code section shall be appealable as provided for under Code Section 38-2-1067.
(Code 1981, §38-2-1073, 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.
§
873.
RESEARCH REFERENCES
Am. Jur. 2d.
- 53A Am. Jur. 2d, Military and Civil Defense,
§§
228, 229.