{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-869","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-869","heading":"Review by State Judge Advocate","body":"ARTICLE 69. Review by State Judge Advocate.\n\nA. In general. Upon application by the accused and subject to\n\nsubsections B, C and D of this section, the State Judge Advocate may\n\nmodify or set aside, in whole or in part, the findings and sentence\n\nin a court-martial that is not reviewed under Section 866 of this\n\ntitle (Article 66).\n\nB. Timing. To qualify for consideration, an application under\n\nsubsection A of this section shall be submitted to the State Judge\n\nAdvocate not later than one (1) year after the date of completion of\n\nreview under Section 864 or 865 of this title (Article 64 or 65), as\n\nthe case may be. The State Judge Advocate may, for good cause\n\nshown, extend the period for submission of an application, but may\n\nnot consider an application submitted more than three (3) years\n\nafter such completion date.\n\nC. Scope.\n\n1. a. In a case reviewed under Section 864 or subsection B\n\nof Section 865 of this title (Article 64 or Article\n\n65, subsection B), the State Judge Advocate may set\n\naside the findings or sentence, in whole or in part,\n\non the grounds of newly discovered evidence, fraud on\n\nthe court, lack of jurisdiction over the accused or\n\nthe offense, error prejudicial to the substantial\n\nrights of the accused, or the appropriateness of the\n\nsentence.\n\nb. In setting aside findings or sentence, the State Judge\n\nAdvocate may order a rehearing, except that a\n\nrehearing may not be ordered in violation of Section\n\n844 of this title (Article 44).\n\nc. If the State Judge Advocate sets aside findings and\n\nsentence and does not order a rehearing, the State\n\nJudge Advocate shall dismiss the charges.\n\nd. If the State Judge Advocate sets aside findings and\n\norders a rehearing and the convening authority\n\ndetermines that a rehearing would be impractical, the\n\nconvening authority shall dismiss the charges.\n\n2. In a case reviewed under subsection B of Section 865 of this\n\ntitle (Article 65, subsection B), review under this section is\n\nlimited to the issue of whether the waiver or withdrawal of an\n\nappeal was invalid under the law. If the State Judge Advocate\n\ndetermines that the waiver or withdrawal of an appeal was invalid,\n\nthe State Judge Advocate shall order appropriate corrective action\n\nunder regulations promulgated by the Adjutant General.\n\nD. Military Court of Appeals.\n\n1. The Military Court of Appeals may review the action taken by\n\nthe State Judge Advocate under subsection C of this section:\n\na. in a case sent to the Military Court of Appeals by\n\norder of the State Judge Advocate, or\n\nb. in a case submitted to the Military Court of Appeals\n\nby the accused in an application for review.\n\n2. The Military Court of Appeals may grant an application under\n\nsubparagraph b of paragraph 1 of this subsection only if:\n\na. the application demonstrates a substantial basis for\n\nconcluding that the action on review under subsection\n\nC of this section constituted prejudicial error, and\n\nb. the application is filed not later than the earlier\n\nof:\n\n(1) sixty (60) days after the date on which the\n\naccused is notified of the decision of the State\n\nJudge Advocate, or\nparagraph b of paragraph 1 of this subsection only if:\n\na. the application demonstrates a substantial basis for\n\nconcluding that the action on review under subsection\n\nC of this section constituted prejudicial error, and\n\nb. the application is filed not later than the earlier\n\nof:\n\n(1) sixty (60) days after the date on which the\n\naccused is notified of the decision of the State\n\nJudge Advocate, or\n\n(2) sixty (60) days after the date on which a copy of\n\nthe decision of the State Judge Advocate is\n\ndeposited in the United States mail for delivery\n\nby first-class certified mail to the accused at\n\nan address provided by the accused or, if no such\n\naddress has been provided by the accused, at the\n\nlatest address listed for the accused in his or\n\nher official service record.\n\n3. The submission of an application for review under this\n\nsubsection does not constitute a proceeding before the Military\n\nCourt of Appeals for purposes of paragraph 1 of subsection C of\n\nSection 870 of this title (Article 70, subsection C, paragraph 1).\n\nE. Action only on matters of law. Notwithstanding Section 866\n\nof this title (Article 66), in any case reviewed by the Military\n\nCourt of Appeals under subsection D of this section, the Court may\n\ntake action only with respect to matters of law.","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":"7327bc7db85f818bd5bd43ec0937a8433268ea02ee265e46d32253070447d4a3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-867","next":"us-ok/okla.-stat.-tit.-44-44-870"},"notice":"GroundRules: Original legal text. Not legal advice."}