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

R.C.M. 1210(g)(2)
Forces shall act on a petition for a new trial in
accordance with their respective rules.
(3) The Judge Advocates General. When a petition
is considered by the Judge Advocate General,
any hearing may be before the Judge Advocate General
or before an officer or officers designated by the
J u d g e A d v o c a t e G e n e r a l . I f t h e J u d g e A d v o c a t e
G e n e r a l b e l i e v e s m e r i t o r i o u s g r o u n d s f o r r e l i e f
under Article 74 have been established but that a
new trial is not appropriate, the Judge Advocate
General may act under Article 74 if authorized to do
so, or transmit the petition and related papers to the
Secretary concerned with a recommendation. The
Judge Advocate General may also, in cases which
have been finally reviewed but have not been reviewed
by a Court of Criminal Appeals, act under
Article 69.
Discussion
See also R.C.M. 1201(b)(3).
(h) Action when new trial is granted.
(1) Forwarding to convening authority. When a
petition for a new trial is granted, the Judge Advocate
General shall select and forward the case to a
convening authority for disposition.
(2) Charges at new trial. At a new trial, the accused
may not be tried for any offense of which the
accused was found not guilty or upon which the
accused was not tried at the earlier court-martial.
II-176
Discussion
See also R.C.M. 810 concerning additional special rules which
apply at a new trial. In other respects a new trial is conducted like
any other court-martial.
(3) Action by convening authority. The convening
authority’s action on the record of a new trial is the
same as in other courts-martial.
(4) Disposition of record. The disposition of the
record of a new trial is the same as for other courtsmartial.
( 5 ) C o u r t - m a r t i a l o r d e r s . C o u r t - m a r t i a l o r d e r s
promulgating the final action taken as a result of a
new trial, including any restoration of rights, privileges,
and property, shall be promulgated in accordance
with R.C.M. 1114.
Discussion
See Article 75 and R.C.M. 1208 concerning restoration of rights
when the executed portion of a sentence is not sustained in a new
trial or action following it.
(6) Action by persons charged with execution of
the sentence. Persons charged with the administrative
duty of executing a sentence adjudged upon a
new trial after it has been ordered executed shall
c r e d i t t h e a c c u s e d w i t h a n y e x e c u t e d p o r t i o n o r
amount of the original sentence included in the new
sentence in computing the term or amount of puni
s h m e n t a c t u a l l y t o b e e x e c u t e d p u r s u a n t t o t h e
sentence.