{"data":{"id":"us-ne/neb.-rev.-stat.-55-438","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 55-438","heading":"Neb. Rev. Stat. § 55-438","body":"(1) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.\n\n(2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.","path":["NE Code","Chapter 55"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=55-438","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"c639710c5e754f9ea2c99f1ffe79816fae0acc3d5a3280dedd18dcaaf1bb33ce","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-55-437","next":"us-ne/neb.-rev.-stat.-55-439"},"notice":"GroundRules: Original legal text. Not legal advice."}