2008 edition - Fort Sam Houston - U.S. Army

t h e m i l i t a r y j u d g e s h a l l c o n d u c t t h e c o n t e m p t
p r o c e e d i n g s o u t s i d e t h e m e m b e r s ’ p r e s e n c e . T h e
military judge may punish summarily under subsection
(b)(1) only if the military judge recites the facts
for the record and states that they were directly
witnessed by the military judge in the actual presence
of the court-martial. Otherwise, the provisions
of subsection (b)(2) shall apply.
( d ) R e c o r d ; r e v i e w . A r e c o r d o f t h e c o n t e m p t
proceedings shall be part of the record of the courtmartial
during which it occurred. If the person was
held in contempt, then a separate record of the contempt
proceedings shall be prepared and forwarded
to the convening authority for review. The convening
authority may approve or disapprove all or part
of the sentence. The action of the convening authority
is not subject to further review or appeal.
(e) Sentence. A sentence of confinement pursuant to
a finding of contempt shall begin to run when it is
adjudged unless deferred, suspended, or disapproved
by the convening authority. The place of confinement
for a civilian or military person who is held in
contempt and is to be punished by confinement shall
be designated by the convening authority. A fine
does not become effective until ordered executed by
the convening authority. The military judge may delay
announcing the sentence after a finding of contempt
to permit the person involved to continue to
participate in the proceedings.
Discussion
The immediate commander of the person held in contempt, or, in
the case of a civilian, the convening authority should be notified
immediately so that the necessary action on the sentence may be
taken. See R.C.M. 1101.
(f) Informing person held in contempt. The person
held in contempt shall be informed by the convening
authority in writing of the holding and sentence, if
any, of the court-martial and of the action of the
convening authority upon the sentence.
Discussion
Copies of this communication should be furnished to such other
persons including the immediate commander of the offender as
may be concerned with the execution of the punishment. A copy
shall be included with the record of both the trial and the contempt
proceeding.
R.C.M. 810(a)(3)
Rule 810. Procedures for rehearings, new
trials, and other trials
(a) In general.
(1) Rehearings in full and new or other trials. In
rehearings which require findings on all charges and
specifications referred to a court-martial and in new
or other trials, the procedure shall be the same as in
an original trial except as otherwise provided in this
rule.
(2) Rehearings on sentence only. In a rehearing
on sentence only, the procedure shall be the same as
in an original trial, except that the portion of the
procedure which ordinarily occurs after challenges
and through and including the findings is omitted,
and except as otherwise provided in this rule.
(A) Contents of the record. The contents of the
record of the original trial consisting of evidence
properly admitted on the merits relating to each offense
of which the accused stands convicted but not
sentenced may be established by any party whether
or not testimony so read is otherwise admissible
under Mil. R. Evid. 804(b)(1) and whether or not it
was given through an interpreter.
Discussion
Matters excluded from the record of the original trial on the
merits or improperly admitted on the merits must not be brought
to the attention of the members as a part of the original record of
trial.
(B) Plea. The accused at a rehearing only on
sentence may not withdraw any plea of guilty upon
which findings of guilty are based. However, if such
a plea is found to be improvident, the rehearing shall
be suspended and the matter reported to the authority
ordering the rehearing.
(3) Combined rehearings. When a rehearing on
sentence is combined with a trial on the merits of
one or more specifications referred to the court-martial,
whether or not such specifications are being
tried for the first time or reheard, the trial will proceed
first on the merits, without reference to the
offenses being reheard on sentence only. After findings
on the merits are announced, the members, if
any, shall be advised of the offenses on which the
rehearing on sentence has been directed. Additional
challenges for cause may be permitted, and the sentencing
procedure shall be the same as at an original
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