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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 33-10-191: Matters considered at proceeding in revision.

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Where this section sits in the code
  1. TITLE 33. MILITARY AFFAIRS
  2. CHAPTER 33-10. UNIFORM STATE CODE OF MILITARY JUSTICE

A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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