Alabama Code (Last Updated: November 28, 2014) |
Title31 MILITARY AFFAIRS AND CIVIL DEFENSE. |
Chapter2A. MILITARY JUSTICE. |
PartIX. Post-Trial Procedure and Review of Courts-Martial. |
§31-2A-73. (Article 73.) Petition for a new trial.
Latest version.
-
At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
At any time within 45 days of discovery of fraud on the court-martial or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial Review Panel. In the event the accused's case is pending before the Alabama Supreme Court, the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.