{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-865","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-865","heading":"Transmittal and review of records","body":"ARTICLE 65. Transmittal and review of records.\n\nA. Transmittal of records.\n\n1. Finding of guilty in general or special court-martial. If\n\nthe judgment of a general or special court-martial entered under\n\nSection 860C of this title (Article 60C) includes a finding of\n\nguilty, the record shall be transmitted to the State Judge Advocate.\n\n2. Other cases. In all other cases, records of trial by court-\n\nmartial and related documents shall be transmitted and disposed of\n\nas the Adjutant General may prescribe by regulation.\n\nB. Cases for direct appeal.\n\n1. Automatic review. If the judgment includes a sentence of\n\ndismissal of a commissioned officer, or cadet, dishonorable\n\ndischarge or bad-conduct discharge, or confinement for two (2) years\n\nor more, the State Judge Advocate shall forward the record of trial\n\nto the Military Court of Appeals for review under paragraph 3 of\n\nsubsection F of Section 866 of this title (Article 66, subsection F,\n\nparagraph 3).\n\n2. Cases eligible for direct appeal review.\n\na. In general. If the case is eligible for direct review\n\nunder paragraph 1 of subsection F of Section 866 of\n\nthis title (Article 66, subsection F, paragraph 1),\n\nthe State Judge Advocate shall:\n\n(1) forward a copy of the record of trial to an\n\nappellate defense counsel who shall be detailed\n\nto review the case and, upon request of the\n\naccused, to represent the accused before the\n\nMilitary Court of Appeals, and\n\n(2) upon written request of the accused, forward a\n\ncopy of the record of trial to civilian counsel\n\nprovided by the accused.\n\nb. Inapplicability. Subparagraph a of this paragraph\n\nshall not apply if the accused:\n\n(1) waives the right to appeal under Section 861 of\n\nthis title (Article 61), or\n\n(2) declines in writing the detailing of appellate\n\ndefense counsel under division (1) of\n\nsubparagraph a of this paragraph.\n\nC. Notice of right to appeal.\n\n1. In general. The State Judge Advocate shall provide notice\n\nto the accused of the right to file an appeal under paragraph 1 of\n\nsubsection F of Section 866 of this title (Article 66, subsection F,\n\nparagraph 1) by means of depositing in the United States mail for\n\ndelivery by first-class certified mail to the accused at an address\n\nprovided by the accused or, if no such address has been provided by\n\nthe accused, at the latest address listed for the accused in the\n\nofficial service record of the accused.\n\n2. Inapplicability upon waiver of appeal. Paragraph 1 of this\n\nsubsection shall not apply if the accused waives the right to appeal\n\nunder Section 861 of this title (Article 61).\n\nD. Review by State Judge Advocate.\n\n1. By whom. A review conducted under this subsection may be\n\nconducted by an attorney within the Office of the State Judge\n\nAdvocate or another attorney designated under regulations prescribed\n\nby the Adjutant General.\n\n2. Review of cases not eligible for direct appeal.\n\na. In general. A review under subparagraph b of this\n\nparagraph shall be completed in each general and\n\nspecial court-martial that is not eligible for direct\n\nappeal under paragraph 1 or 3 of subsection F of\n\nSection 866 of this title (Article 66, subsection F,\n\nparagraph 1 or 3).\n\nb. Scope of review. A review referred to in subparagraph\n\na of this paragraph shall include a written decision\n\nproviding each of the following:\n\n(1) a conclusion as to whether the court had\n\njurisdiction over the accused and the offense,\n\n(2) a conclusion as to whether the charge and\n\nspecification stated an offense,\n\n(3) a conclusion as to whether the sentence was\n\nwithin the limits prescribed as a matter of law,\n\nand\n\n(4) a response to each allegation of error made in\n\nwriting by the accused.\n\n3. Review when direct appeal is waived, withdrawn, or not\n\nfiled.\n\na. In general. A review under subparagraph b of this\n\nparagraph shall be completed in each general and\n\nspecial court-martial if:\non stated an offense,\n\n(3) a conclusion as to whether the sentence was\n\nwithin the limits prescribed as a matter of law,\n\nand\n\n(4) a response to each allegation of error made in\n\nwriting by the accused.\n\n3. Review when direct appeal is waived, withdrawn, or not\n\nfiled.\n\na. In general. A review under subparagraph b of this\n\nparagraph shall be completed in each general and\n\nspecial court-martial if:\n\n(1) the accused waives the right to appeal or\n\nwithdraws appeal under Section 861 of this title\n\n(Article 61), or\n\n(2) the accused does not file a timely appeal in a\n\ncase eligible for direct appeal under\n\nsubparagraph a, b or c of paragraph 1 of\n\nsubsection F of Section 866 of this title\n\n(Article 66, subsection F, paragraph 1,\n\nsubparagraph a, b or c).\n\nb. Scope of review. A review referred to in subparagraph\n\na of this paragraph shall include a written decision\n\nlimited to providing conclusions on the matters\n\nspecified in divisions (1), (2) and (3) of\n\nsubparagraph b of paragraph 2 of this subsection.\n\nE. Remedy.\n\n1. In general. If, after a review of a record under subsection\n\nD of this section, the attorney conducting the review believes\n\ncorrective action may be required, the record shall be forwarded to\n\nthe State Judge Advocate, who may set aside the findings or\n\nsentence, in whole or in part.\n\n2. Rehearing. In setting aside findings or sentence, the State\n\nJudge Advocate may order a rehearing, except that a rehearing may\n\nnot be ordered in violation of Section 844 of this title (Article\n\n44).\n\n3. Remedy without rehearing.\n\na. Dismissal when no rehearing ordered. If the State\n\nJudge Advocate sets aside findings and sentence and\n\ndoes not order a rehearing, the State Judge Advocate\n\nshall dismiss the charges.\n\nb. Dismissal when rehearing impractical. If the State\n\nJudge Advocate sets aside findings and orders a\n\nrehearing and the convening authority determines that\n\na rehearing would be impractical, the convening\n\nauthority shall dismiss the charges.","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":"0bf95e11224690dc7c906a149169db4d55fdb289483fc7dd77dad7bbaff32d35","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-864","next":"us-ok/okla.-stat.-tit.-44-44-866"},"notice":"GroundRules: Original legal text. Not legal advice."}