U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47A— MILITARY COMMISSIONS › Subchapter SUBCHAPTER IV— TRIAL PROCEDURE

10 U.S.C. § 949l

Voting and rulings

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(a)Vote by Secret Written Ballot.—Voting by members of a military commission under this chapter on the findings and on the sentence shall be by secret written ballot.(b)Rulings.—(1) The military judge in a military commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.(2) Any ruling made by the military judge upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the military commission. However, a military judge may change such a ruling at any time during the trial.(c)Instructions Prior to Vote.—Before a vote is taken of the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members—(1) that the accused must be presumed to be innocent until the accused’s guilt is established by legal and competent evidence beyond a reasonable doubt;(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;(3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589.)Editorial NotesPrior Provisions

A prior section 949l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to voting and rulings, prior to the general amendment of this chapter by Pub. L. 111–84.

Notes of Decisions
Cited in 4 cases, 2012–2016 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016).
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Ali Hamza Ahmad al Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016). “Even if that were not enough, our colleagues’ approach would usurp the fact-finding role of the military commission members, see 10 U.S.C. § 949l; R.M.C. 502(a)(2) (“The members of a military commission shall determine whether the accused is proved guilty .”
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “11 11 Likewise, the greater maximum sentence provided in the 2006 MCA—the death penalty, as opposed to a maximum of life imprisonment under section 2332(b)—does not present an ex post facto problem. The Government did not seek the death penalty, see Trial Tr.”
Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012). “the alien is clearly and beyond doubt entitled to be admitted”), with 10 U.S.C. § 949l(4) (in a military commission “the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States”), would find Hamdan in fact had not provided any of…”
Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2014). “11 11 Likewise, the greater maximum sentence provided in the 2006 MCA—the death penalty, as opposed to a maximum of life imprisonment under section 2332(b)—does not present an ex post facto problem. The Government did not seek the death penalty, see Trial Tr.”
— 10 U.S.C. § 949l(4) — 1 case
Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012). “the alien is clearly and beyond doubt entitled to be admitted”), with 10 U.S.C. § 949l(4) (in a military commission “the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States”), would find Hamdan in fact had not provided any of…”
— 10 U.S.C. § 949l(c) — 2 cases
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “11 11 Likewise, the greater maximum sentence provided in the 2006 MCA—the death penalty, as opposed to a maximum of life imprisonment under section 2332(b)—does not present an ex post facto problem. The Government did not seek the death penalty, see Trial Tr.”
Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2014). “11 11 Likewise, the greater maximum sentence provided in the 2006 MCA—the death penalty, as opposed to a maximum of life imprisonment under section 2332(b)—does not present an ex post facto problem. The Government did not seek the death penalty, see Trial Tr.”
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