{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-864","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-864","heading":"Judge advocate review of finding of guilty in summary","body":"court-martial.\n\nARTICLE 64. Judge advocate review of finding of guilty in\n\nsummary court-martial.\n\nA. In general. Under regulations prescribed by the Adjutant\n\nGeneral, each summary court-martial in which there is a finding of\n\nguilty shall be reviewed by a judge advocate. A judge advocate may\n\nnot review a case under this subsection if the judge advocate has\n\nacted in the same case as an accuser, preliminary hearing officer,\n\nmember of the court, military judge, or counsel or has otherwise\n\nacted on behalf of the prosecution or defense. The judge advocate's\n\nreview shall be in writing and shall contain the following:\n\n1. Conclusions as to whether:\n\na. the court had jurisdiction over the accused and the\n\noffense,\n\nb. the charge and specification stated an offense, and\n\nc. the sentence was within the limits prescribed as a\n\nmatter of law;\n\n2. A response to each allegation of error made in writing by\n\nthe accused; and\n\n3. If the case is sent for action under subsection B of this\n\nsection, a recommendation as to the appropriate action to be taken\n\nand an opinion as to whether corrective action is required as a\n\nmatter of law.\n\nB. Record. The record of trial and related documents in each\n\ncase reviewed under subsection A of this section shall be sent for\n\naction to the person exercising general court-martial jurisdiction\n\nover the accused at the time the court was convened (or to that\n\nperson's successor in command) if:\n\n1. The judge advocate who reviewed the case recommends\n\ncorrective action; or\n\n2. Such action is otherwise required by regulations of the\n\nAdjutant General.\n\nC. 1. The person to whom the record of trial and related\n\ndocuments are sent under subsection B of this section may:\n\na. disapprove or approve the findings or sentence, in\n\nwhole or in part,\n\nb. remit, commute, or suspend the sentence in whole or in\n\npart,\n\nc. except where the evidence was insufficient at the\n\ntrial to support the findings, order a rehearing on\n\nthe findings, on the sentence, or on both, or\n\nd. dismiss the charges.\n\n2. If a rehearing is ordered but the convening authority finds\n\na rehearing impracticable, he or she shall dismiss the charges.\n\n3. If the opinion of the judge advocate in the judge advocate's\n\nreview under subsection A of this section is that corrective action\n\nis required as a matter of law and if the person required to take\n\naction under subsection B does not take action that is at least as\n\nfavorable to the accused as that recommended by the judge advocate,\n\nthe record of trial and action thereon shall be sent to the State\n\nJudge Advocate for review under Section 869 of this title (Article\n\n69).","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"390fa32d0d60958240ae040e1579691ddd71fc4cf86b07b49c638e3252318610","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-863","next":"us-ok/okla.-stat.-tit.-44-44-865"},"notice":"GroundRules: Original legal text. Not legal advice."}