Okla. Stat. tit. 44, § 44-865: Transmittal and review of records

ARTICLE 65. Transmittal and review of records.

A. Transmittal of records.

1. Finding of guilty in general or special court-martial. If

the judgment of a general or special court-martial entered under

Section 860C of this title (Article 60C) includes a finding of

guilty, the record shall be transmitted to the State Judge Advocate.

2. Other cases. In all other cases, records of trial by court-

martial and related documents shall be transmitted and disposed of

as the Adjutant General may prescribe by regulation.

B. Cases for direct appeal.

1. Automatic review. If the judgment includes a sentence of

dismissal of a commissioned officer, or cadet, dishonorable

discharge or bad-conduct discharge, or confinement for two (2) years

or more, the State Judge Advocate shall forward the record of trial

to the Military Court of Appeals for review under paragraph 3 of

subsection F of Section 866 of this title (Article 66, subsection F,

paragraph 3).

2. Cases eligible for direct appeal review.

a. In general. If the case is eligible for direct review

under paragraph 1 of subsection F of Section 866 of

this title (Article 66, subsection F, paragraph 1),

the State Judge Advocate shall:

(1) forward a copy of the record of trial to an

appellate defense counsel who shall be detailed

to review the case and, upon request of the

accused, to represent the accused before the

Military Court of Appeals, and

(2) upon written request of the accused, forward a

copy of the record of trial to civilian counsel

provided by the accused.

b. Inapplicability. Subparagraph a of this paragraph

shall not apply if the accused:

(1) waives the right to appeal under Section 861 of

this title (Article 61), or

(2) declines in writing the detailing of appellate

defense counsel under division (1) of

subparagraph a of this paragraph.

C. Notice of right to appeal.

1. In general. The State Judge Advocate shall provide notice

to the accused of the right to file an appeal under paragraph 1 of

subsection F of Section 866 of this title (Article 66, subsection F,

paragraph 1) by means of depositing in the United States mail for

delivery by first-class certified mail to the accused at an address

provided by the accused or, if no such address has been provided by

the accused, at the latest address listed for the accused in the

official service record of the accused.

2. Inapplicability upon waiver of appeal. Paragraph 1 of this

subsection shall not apply if the accused waives the right to appeal

under Section 861 of this title (Article 61).

D. Review by State Judge Advocate.

1. By whom. A review conducted under this subsection may be

conducted by an attorney within the Office of the State Judge

Advocate or another attorney designated under regulations prescribed

by the Adjutant General.

2. Review of cases not eligible for direct appeal.

a. In general. A review under subparagraph b of this

paragraph shall be completed in each general and

special court-martial that is not eligible for direct

appeal under paragraph 1 or 3 of subsection F of

Section 866 of this title (Article 66, subsection F,

paragraph 1 or 3).

b. Scope of review. A review referred to in subparagraph

a of this paragraph shall include a written decision

providing each of the following:

(1) a conclusion as to whether the court had

jurisdiction over the accused and the offense,

(2) a conclusion as to whether the charge and

specification stated an offense,

(3) a conclusion as to whether the sentence was

within the limits prescribed as a matter of law,

and

(4) a response to each allegation of error made in

writing by the accused.

3. Review when direct appeal is waived, withdrawn, or not

filed.

a. In general. A review under subparagraph b of this

paragraph shall be completed in each general and

special court-martial if:

on stated an offense,

(3) a conclusion as to whether the sentence was

within the limits prescribed as a matter of law,

and

(4) a response to each allegation of error made in

writing by the accused.

3. Review when direct appeal is waived, withdrawn, or not

filed.

a. In general. A review under subparagraph b of this

paragraph shall be completed in each general and

special court-martial if:

(1) the accused waives the right to appeal or

withdraws appeal under Section 861 of this title

(Article 61), or

(2) the accused does not file a timely appeal in a

case eligible for direct appeal under

subparagraph a, b or c of paragraph 1 of

subsection F of Section 866 of this title

(Article 66, subsection F, paragraph 1,

subparagraph a, b or c).

b. Scope of review. A review referred to in subparagraph

a of this paragraph shall include a written decision

limited to providing conclusions on the matters

specified in divisions (1), (2) and (3) of

subparagraph b of paragraph 2 of this subsection.

E. Remedy.

1. In general. If, after a review of a record under subsection

D of this section, the attorney conducting the review believes

corrective action may be required, the record shall be forwarded to

the State Judge Advocate, who may set aside the findings or

sentence, in whole or in part.

2. Rehearing. In setting aside findings or sentence, the State

Judge Advocate may order a rehearing, except that a rehearing may

not be ordered in violation of Section 844 of this title (Article

44).

3. Remedy without rehearing.

a. Dismissal when no rehearing ordered. If the State

Judge Advocate sets aside findings and sentence and

does not order a rehearing, the State Judge Advocate

shall dismiss the charges.

b. Dismissal when rehearing impractical. If the State

Judge Advocate sets aside findings and orders a

rehearing and the convening authority determines that

a rehearing would be impractical, the convening

authority shall dismiss the charges.