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

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App. 17 APPENDIX 17 Specification: Larceny of property of a value of $150.00 on 27 March 1984. Plea: NG. Finding: G, except the word “steal,” substituting “wrongfully appropriate.” Acquittal If the accused was acquitted of all charges and specifications, the date of the acquittal should be shown: “The findings were announced on .” SENTENCE Sentence adjudged on : Dishonorable discharge, forfeiture of all pay and allowances, confinement for 2 years, and reduction to the lowest enlisted grade. Action of convening authority ACTION [Note. Summarize or enter verbatim the action of the convening authority. Whether or not the action is recited verbatim, the heading, date, and signature block of the convening authority need not be copied from the action if the same heading and date appear at the top of this order and if the name and rank of the convening authority are shown in the authentication.] Authentication [Note. See R.C.M. 1114(e) concerning authentication of the order.] Joint or common trial [Note. In case of a joint or common trial, separate trial orders should be issued for each accused. The description of the offenses on which each accused was arraigned may, but need not, indicate that there was a co-accused.] b. Forms for supplementary orders promulgating results of affirming action Heading *See above. Sentence -Affirmed A17-2 [Note. Court-martial orders publishing the final results of cases in which the President or the Secretary concerned has taken final action are promulgated by departmental orders. In other cases the final action may be promulgated by an appropriate convening authority, or by an officer exercising general court-martial jurisdiction over the accused at the time of final action, or by the Secretary concerned. The following sample forms may be used where such a promulgating order is published in the field. These forms are guides. Extreme care should be exercised in using them. If a sentence as ordered into execution or suspended by the convening authority is affirmed without modifications and there has been no modification of the findings, no supplementary promulgating order is required.] In the (general) (special) court-martial case of (name, grade or rank, branch of service, and SSN of accused,) the sentence to bad-conduct discharge, forfeiture of , and confinement for , as promulgated in (General) (Special) Court-Martial Order No. , (Headquarters) (Commandant, Naval District) dated , has been finally affirmed. Article 71(c) having been complied with, the bad-conduct discharge will be executed. or
-Affirmed in part In the (general) (special) court-martial case of (name, grade or rank, branch of service, and SSN of accused,) only so much of the sentence promulgated in (General) (Special) Court-Martial Order No. , (Headquarters) (Commandant, Naval District) , dated , as provides for , has been finally affirmed. Article 71(c) having been complied with, the bad-conduct discharge will be executed. or In the (general) (special) court-martial case of (name, grade or rank, branch of service, and SSN of accused,) the findings of guilty of Charge II and its specification have been set aside and only so much of the sentence promulgated in (General) (Special) Court-Martial Order No. , (Headquarters) (Commandant, , Naval District) , dated , as provides for , has been finally affirmed. Article 71(c) having been complied with, the bad-conduct discharge will be executed. or Affirmed in part; prior order of execution set aside in part Finding and sentence set aside Authentication See R.C.M. 1114(e). In the (general) (special) court-martial case of (name, grade or rank, branch of service, and SSN of accused,) the proceedings of which are promulgated in (General) (Special) Court-Martial Order No. , (Headquarters) (Commandant, Naval District) , dated , the findings of guilty of Charge I and its specification, and so much of the sentence as in excess of have been set aside and the sentence, as thus modified, has been finally affirmed. Article 71(c) having been complied with, all rights, privileges, and property of which the accused has been deprived by virtue of the findings of guilty and that portion of the sentence so set aside will be restored. In the (general)(special) court-martial case of (name, grade or rank, branch of service, and SSN, of accused,) the findings of guilty and the sentence promulgated by (General) (Special) Court-Martial Order No. , (Headquarters) (Commandant, Naval District), , dated , were set aside on . (The charges are dismissed. All rights, privileges, and property of which the accused has been deprived by virtue of the findings of guilty and the sentence so set aside will be restored.) (A rehearing is ordered before another court-martial to be designated.) c. Forms for orders remitting or suspending unexecuted portions of sentence Heading See a above. FORMS FOR COURT-MARTIAL ORDERS App. 17 A17-3
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MANUAL FOR COURTS-MARTIAL UNITED ST
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PREFACE The Manual for Courts-Marti
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MRE 503 regarding the privilege att
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PART I PREAMBLE 1. Sources of milit
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MCM 2008 (l) Confinement after rele
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MCM 2008 (d) When charges may be re
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MCM 2008 (d) Effect of replacement
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MCM 2008 (b) Refusal to plead; irre
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MCM 2008 Rule 923. Impeachment of f
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MCM 2008 (c) Loss of record. . . .
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MCM 2008 (b) Petition by the accuse
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MCM 2008 SECTION III EXCLUSIONARY R
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MCM 2008 Rule 321. Eyewitness ident
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MCM 2008 Rule 509. Deliberations of
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MCM 2008 (15) Statements in documen
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MCM 2008 c. Explanation. . . . . .
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MCM 2008 a. Text of statute. . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 d. Lesser included offense
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MCM 2008 d. Lesser included offense
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MCM 2008 b. Elements. . . . . . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 a. Notice. . . . . . . . .
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1. Sources of military jurisdiction
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Rule 101. Scope, title (a) In gener
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they remain possessions, but does n
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eviewing authority with respect to
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Discussion Complaints need not be m
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Rule 201. Jurisdiction in general (
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t h i s p o l i c y d o e s n o t a
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with respect to offenders or offens
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p e r s o n s u n d e r t h e l a w
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CHAPTER III. INITIATION OF CHARGES;
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(B) Under exigent circumstances des
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straint, including its terms or lim
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305(i)(1), or this subsection preve
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of evidence or of misconduct which,
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matter shall be forwarded to the ge
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essential to the offense, so they m
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CHAPTER IV. FORWARDING AND DISPOSIT
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the hour and date of receipt to be
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counsel. The investigating officer
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expenses to testify at a pretrial i
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in the Article 32 investigating off
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t h e m a t t e r ) t o a s u b o r
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court-martial without a military ju
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counsel. Responsibility for trial o
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efore assembly, request orally on t
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See also R.C.M. 401(c). Discussion
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is a member shall be reasonably ava
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vening authority may include proper
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withdrawn charges or specifications
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information which is under the cont
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gated the disadvantage caused by th
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forward it to the authority who ord
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shall grant a continuance or other
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attendance of civilian witnesses ma
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ney General of the United States or
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period of suspension of the sentenc
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Discussion Based on the report, fur
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CHAPTER VIII. TRIAL PROCEDURE GENER
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making the motion or raising the ob
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ight to be present. See also R.C.M.
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An assistant counsel who lacks the
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Rule 807. Oaths (a) Definition. “
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t h e m i l i t a r y j u d g e s h
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Rule 811. Stipulations (a) In gener
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CHAPTER IX. TRIAL PROCEDURES THROUG
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(1) “Proceeding” includes pretr
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Rule 905. Motions generally (a) Def
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determination and the grounds for i
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trial be tried separately. Such a r
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out trial of a deserter by a genera
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against them or to conduct or coope
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vening authority, or trial counsel,
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vening authority in the case, or ha
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cise a peremptory challenge before
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(5) Reopening case. The military ju
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good character, see Mil. R. Evid. 4
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Discussion The defense of accident
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(l) Not defenses generally. (1) Ign
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erly before the court-martial on th
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equested by a party or which the mi
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not for the purpose of rendering a
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“conviction” includes any dispo
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section (c)(3) of this rule, they m
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Discussion A fine is in the nature
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and desertion (see paragraph 9, Par
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( 4 ) N e c e s s a r y f i n d i n
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cused knowingly created a grave ris
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(d) Voting. (1) Duty of members. Ea
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(B) With a view to decreasing. Memb
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eported in the convening authority
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u n l e s s t h e s e n t e n c e p
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o n d e f e n s e c o u n s e l i n
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Appeals. Before review, if any, by
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the court-martial or in writing, th
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the period in which comments may be
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Discussion The method of service an
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mental capacity of the accused, the
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e o r d e r e d i f , i n t h e s a
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was disapproved or set aside. The c
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ence of the probationer or to preve
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one year, shall follow that set for
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ted, a waiver or withdrawal in comp
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Discussion A dismissal may not be o
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digency, unless the authority consi
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CHAPTER XII. APPEALS AND REVIEW Rul
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to request that the detailed appell
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T h e a c c u s e d m a y p e t i t
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shall take action under subsection
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e submitted by the accused personal
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CHAPTER XIII. SUMMARY COURTS-MARTIA
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substantial irregularity in the cha
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Discussion See Appendix 15 for a sa
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Rule 101. Scope ( a ) A p p l i c a
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Rule 301. Privilege concerning comp
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evidence would have been obtained e
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agent of a military unit or of a pe
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(3) Evidence that was obtained as a
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Rule 312. Body views and intrusions
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the time of the search. Under norma
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( e ) P o w e r t o s e a r c h . A
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(2) takes place outside the United
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tendency to make the existence of a
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(1) Evidence offered to prove that
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(2) contact between the mouth and t
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Rule 504. Husband-wife privilege (a
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judge to have access to the classif
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any order that the interests of jus
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(A) Finding of identifiable damage.
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sonable period of time disclosure i
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of evidence of a patient’s record
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inadmissible except that a convicti
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Rule 702. Testimony by experts If s
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with the provisions of paragraph (6
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ing in the death of the alleged vic
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and actually recorded or filed in a
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i n g s e x c e p t t h o s e i n w
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1.b.(2)(b)(ii) as a party, where th
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3.b.(2) robbery, but guilty of wron
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5.c.(3) agreement must, at least in
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6.f.(1) or committed, add the follo
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9.a.(a)(3) (3) without being regula
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9.c.(2)(c) ous duty or important se
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10.c.(4)(d) or duty section with th
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11.c. c. Explanation. (1) Movement.
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13.c.(1)(b) prevented. The victim i
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14.c.(2)(b) must be directed specif
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15.b.(3)(f) or was disrespectful to
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16.c.(1)(b) tains its character as
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17.c.(2) even though the duties are
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18.f.(3) with intent to cause the (
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19.c.(5)(c) without force or artifi
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20.e.(3) Dishonorable discharge, fo
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23.b.(2)(c) (c) That this act occur
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23.d.(6)(b) (b) Article 80—attemp
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24.f.(1) of , (to give up to the en
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27.b.(3)(a) otherwise dealt in or d
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28.c.(5)(a) i n f o r m a t i o n v
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30.a. commission and on conviction
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30a.c. c. Explanation. (1) Intent.
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32.c.(2) cludes: deliberate violati
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33.c.(2) this section, the destruct
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34.f.(3) w e e n a n d h o u r s on
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35.e.(1) discharge, forfeiture of a
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37.c.(2) the accused did not know t
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37.f.(3) aircraft, vehicle, or inst
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39.f.(1) (with ), using as weapons
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41.f.(1) w i t h ( a n d ) ( a n d
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43.c.(3)(b) members of the body, se
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44.e. e. Maximum punishment. ( 1 )
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44a.d.(2)(a) (a) Article 119a — k
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45.a.(o)(1) had not attained the ag
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45.a.(t)(12)(B) (B) that other pers
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45.b.(3)(c) ble of appraising the a
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45.b.(8)(c) stantially incapacitate
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45.e.(2)(a) - (f) (2)(a) - (f) Rape
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45.g.(2)(c) 16 years, by causing gr
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45.g.(7)(b)(i) wit: against (him)(h
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45.g.(14) indecent manner (his) (he
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46.c.(1)(c)(ii) ( i i ) O w n e r .
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46.c.(1)(h)(i) the general or speci
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47.c.(3) (3) Fear. For a robbery to
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48.f.(1) (1) Forgery—making or al
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49.c.(13) ( 1 3 ) U p o n i t s p r
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50.f. data, if required) on or abou
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52.f.(1)(b) T h e a t e r ) ( , t h
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54.c.(1)(b)(ii) r e a s o n a b l e
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54.c.(4)(b)(ii) as when the victim
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55.b.(1) ( 1 ) T h a t t h e a c c
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57.b.(1)(c) (c) That the oath or af
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58.b.(3) ( 3 ) M a k i n g o r u s
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58.f.(1) ( f a l s e a n d f r a u
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60.a. be guilty, shall be taken cog
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61. 61. Article 134—(Abusing publ
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64.c.(6) intent to commit sodomy. A
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67.b.(2) the intent to defraud a ce
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68a.f.(2) culpable negligence) (whi
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72.b.(5) discipline in the armed fo
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76.f. w a s , ( a t / o n b o a r d
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79.c.(1) ing under a lawful oath or
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83.c.(1) tion of the custom of the
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89.b.(3) discipline in the armed fo
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93.f.(1) (1) Taking. In that (perso
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96a.b.(2) tain person against whom
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97a.c.(2) role, such as paying rest
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100a.f. f. Sample specification. In
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104.c.(2)(a) graph 38c applies to l
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108.c. charge of wrongful to testif
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110.f. ( a c c u s e o f h a v i n
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PART V NONJUDICIAL PUNISHMENT PROCE
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authority is considering the imposi
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(ii) correctional custody for not m
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(2) a subsequent period of active d
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o f a n y w r i t t e n m a t t e r
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Art. 1, § 5 APPENDIX 1 Section 6.
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Art. 2, § 3 APPENDIX 1 them, with
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Amdt. XII APPENDIX 1 number of Elec
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Amdt. XXV, § 1 APPENDIX 1 shall ta
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§ 802. Art. 2.(a)(4) APPENDIX 2 (4
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§ 809. Art. 9.(b) APPENDIX 2 o f h
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SUBCHAPTER IV. APPENDIX 2 Sec. Art.
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§ 825. Art. 25.(b)(2) APPENDIX 2 (
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§ 832. Art. 32.(b) APPENDIX 2 prov
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§ 839. Art. 39.(a) APPENDIX 2 this
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§ 847. Art. 47. APPENDIX 2 § 847.
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§ 854. Art. 54.(a) APPENDIX 2 the
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SUBCHAPTER IX. APPENDIX 2 Sec. Art.
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§ 864. Art. 64.(b)(2) APPENDIX 2 (
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§ 869. Art. 69.(e) APPENDIX 2 (e)
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§ 876b. Art. 76b.(a)(4)(C) APPENDI
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§ 886. Art. 86.(1) APPENDIX 2 ( 1
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§ 906a. Art. 106a.(a)(1) APPENDIX
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§ 919a. Art. 119a. APPENDIX 2 § 9
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§ 920. Art. 120.(t)(4)(C) APPENDIX
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§ 924. Art. 124.(2) APPENDIX 2 (2)
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§ 938. Art. 138. APPENDIX 2 court-
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§ 943. Art. 143.(b) APPENDIX 2 (b)
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Department of Defense DIRECTIVE APP
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MEMORANDUM OF UNDERSTANDING BETWEEN
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Page 493:
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Department of Justice determines th
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A4-2 APPENDIX 4
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A5-2 APPENDIX 5
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[ N o t e 8 . M e m b e r s m a y b
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A7-2 APPENDIX 7
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App. 8 APPENDIX 8 [Note 10. See R.C
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App. 8 APPENDIX 8 Election to be tr
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App. 8 APPENDIX 8 ACC: . Maximum pe
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App. 8 APPENDIX 8 A8-8 [Note 33. If
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App. 8 APPENDIX 8 AC: . MJ: Has any
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App. 8 APPENDIX 8 Assembly/prelimin
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App. 8 APPENDIX 8 Oath of witness [
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App. 8 APPENDIX 8 Out of court hear
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App. 8 APPENDIX 8 MJ: Which of thes
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App. 8 APPENDIX 8 GCM subject to re
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App. 8 APPENDIX 8 A8-22 MJ: The cou
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App. 9 APPENDIX 9 ACC: . Right to o
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App. 9 APPENDIX 9 SCM: Do you under
Page 532 and 533: App. 9 APPENDIX 9 SCM: By your plea
Page 534 and 535: App. 9 APPENDIX 9 Acceptance of gui
Page 536 and 537: App. 9 APPENDIX 9 Procedure if tota
Page 538 and 539: App. 9 APPENDIX 9 Entry on charge s
Page 541 and 542: a. Announcement of sentence APPENDI
Page 543 and 544: APPENDIX 12 MAXIMUM PUNISHMENT CHAR
Page 545 and 546: App. 12, Art. 120 This chart was co
Page 547 and 548: App. 12, Art. 134 This chart was co
Page 549: App. 12, Art. 134 This chart was co
Page 552 and 553: App. 13 APPENDIX 13 Receipt for rec
Page 554 and 555: App. 13 APPENDIX 13 Prior participa
Page 556 and 557: App. 13 APPENDIX 13 Note. If there
Page 558 and 559: App. 13 APPENDIX 13 I don’t know
Page 560 and 561: App. 13 APPENDIX 13 Instructions Th
Page 563 and 564: APPENDIX 14 GUIDE FOR PREPARATION O
Page 565 and 566: of the exhibit, as appropriate, as
Page 567 and 568: SSEs, Reporter’s Notes and Gestur
Page 569 and 570: Bench conferences and Article 39(a)
Page 571: GUIDE FOR PREPARATION OF RECORD OF
Page 574 and 575: A15-2 APPENDIX 15
Page 576 and 577: App. 16 APPENDIX 16 Deferment of co
Page 578 and 579: App. 16 APPENDIX 16 certain rights,
Page 580 and 581: App. 16 APPENDIX 16 thority who may
Page 584 and 585: App. 17 APPENDIX 17 Remissions; sus
Page 587 and 588: APPENDIX 18 Report of Proceedings t
Page 589 and 590: APPENDIX 18 A18-3
Page 591 and 592: APPENDIX 19 Waiver/Withdrawal of Ap
Page 593 and 594: APPENDIX 20 Waiver/Withdrawal of Ap
Page 595 and 596: APPENDIX 21 ANALYSIS OF RULES FOR C
Page 597 and 598: this analysis was drafted, the spec
Page 599 and 600: previous Manuals. It is defined to
Page 601 and 602: straint may be necessary to ensure
Page 603 and 604: The Schooner Exchange v. McFaddon a
Page 605 and 606: 220 (C.M.A. 1979); United States v.
Page 607 and 608: 4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
Page 609 and 610: inconsistent with Fed.R. Crim. P. 4
Page 611 and 612: and to act. See Article 9(e). See a
Page 613 and 614: e m a i n i n g p r e t r i a l c o
Page 615 and 616: after trial. It is the responsibili
Page 617 and 618: ( i ) P r i n c i p a l s — p a r
Page 619 and 620: third paragraph of paragraph 34 d o
Page 621 and 622: Rule 406 Pretrial advice ( a ) I n
Page 623 and 624: convening authority to avoid appoin
Page 625 and 626: Function section 3-3.9(a) (1979). C
Page 627 and 628: Providing broad discovery at an ear
Page 629 and 630: (f); paragraph 117 b(11) of MCM, 19
Page 631 and 632: u n d e r c o n t r a c t t o t h e
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(1964). See also United States v. S
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M.J. 354 (C.M.A. 1983), the Court s
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lish the outlines of their responsi
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make rulings at a 43(c)(2) conferen
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emains. Trial may not proceed with
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language of Article 48 applies only
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document is true. In this sense, a
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and 25, and United States v. Jeanba
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estrict the power of the convening
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to a court-martial. Cf. Lee v. Unit
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(a) In general. Subsection (1) is b
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v. Greene, 20 U.S.C.M.A. 232, 43 C.
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stituted for “in their possession
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least 16 years of age. The changes
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Cotten, 10 M.J. 260 (C.M.A. 1981);
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for in R.C.M. 918(a). But see Carro
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much information as the military ju
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e s t r i c t i o n , h a r d l a b
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the first of two “thresholds” b
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accused intended to affect national
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erence to the percentage of agreeme
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subsection implements Article 58b,
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the record. In subsection (A), the
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the defense may submit matters in i
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of showing lack of mental capacity
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President, remission or suspension
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the first paragraph of paragraph 98
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Rule 1202 Appellate counsel (a) In
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guilty, see Article 44; R.C.M. 905(
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(b) Contents. This subsection is ba
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App. 22, M.R.E. 101(a) APPENDIX 22
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App. 22, M.R.E. 105 APPENDIX 22 sta
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App. 22, M.R.E. 301(b)(1) APPENDIX
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App. 22, M.R.E. 302 APPENDIX 22 the
Page 702 and 703:
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App. 22, M.R.E. 304(d)(3) APPENDIX
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App. 22, M.R.E. 304(h)(3) APPENDIX
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App. 22, M.R.E. 305(e) APPENDIX 22
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App. 22, M.R.E. 311(b) APPENDIX 22
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App. 22, M.R.E. 312(c) APPENDIX 22
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App. 22, M.R.E. 314(c) APPENDIX 22
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App. 22, M.R.E. 315(h) APPENDIX 22
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App. 22, M.R.E. 412 APPENDIX 22 whi
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App. 22, M.R.E. 501 APPENDIX 22 app
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App. 22, M.R.E. 506 APPENDIX 22 Rul
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App. 22, M.R.E. 509 APPENDIX 22 Rul
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App. 22, M.R.E. 610 APPENDIX 22 ble
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App. 22, M.R.E. 701 APPENDIX 22 chi
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App. 22, M.R.E. 801(d)(1) APPENDIX
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App. 22, M.R.E. 803(4) APPENDIX 22
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App. 22, M.R.E. 803(19-20) APPENDIX
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App. 22, M.R.E. 1001(4) APPENDIX 22
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App. 22, M.R.E. 1102 APPENDIX 22 ne
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Pun. Art. 78 APPENDIX 23 on Article
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Pun. Art. 86 APPENDIX 23 (6) Inabil
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Pun. Art. 92 APPENDIX 23 e. Maximum
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Pun. Art. 95 APPENDIX 23 forces may
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Pun. Art. 108 APPENDIX 23 mum punis
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Pun. Art. 112 APPENDIX 23 wide Surv
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Pun. Art. 119 APPENDIX 23 slaughter
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Pun. Art. 122 APPENDIX 23 d. Lesser
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Pun. Art. 131 APPENDIX 23 1746 of t
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Pun. Art. 134 APPENDIX 23 United St
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Pun. Art. 134 APPENDIX 23 88. Artic
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Pun. Art. 134 APPENDIX 23 6c, no. 1
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APPENDIX 24 ANALYSIS OF NONJUDICIAL
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EXECUTIVE ORDER 12473 AS AMENDED BY
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THE WHITE HOUSE February 19, 1986 H
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investigation, referral of charges,
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EXECUTIVE ORDER NO. 12767 AMENDMENT
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EXECUTIVE ORDER 12888 AMENDMENTS TO
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this rule to have military counsel
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c r i m e t r i e d b y c o u r t -
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THE WHITE HOUSE December 23, 1993.
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fenses may not serve as the princip
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cials have a reasonable suspicion b
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EXECUTIVE ORDER 12960 AMENDMENTS TO
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postpone service of a sentence to c
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subsection (i)(3) reasonably could
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speed or erratic operation, but all
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which may properly or normally be e
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such as witness statements, investi
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However, the United States may not
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immediate need for the accused; the
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u. R.C.M. 1107(d)(3)(A) is amended
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have the authority to vacate any pu
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considered for its bearing on any m
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self from custody before being rele
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ta), having been placed in (post-tr
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EXECUTIVE ORDER 13140 1999 AMENDMEN
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(4) when a psychotherapist or assis
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Martial 502, 804, and 914A shall on
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HISTORICAL EXECUTIVE ORDERS A25-53
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Executive Order 13365 of December 3
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trait of character offered by an ac
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the effective date of this order th
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e conducted unless at least three m
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“In that (personal jurisdiction d
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lowing after the second sentence:
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emote means. At a minimum, all part
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property (known to be occupied by)
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d i c t i o n d a t a , i f r e q u
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ANNEX Section 1. Part II of the Man
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a person other than the accused was
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person subject to this chapter who
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(ii) a threat — (I) to accuse any
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(i) That the accused engaged in a s
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with or by a child or by another pe
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(8) Abusive sexual contact. (a) Art
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d r u g , i n t o x i c a n t , o r
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( b ) A g g r a v a t e d s e x u a
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(his)(her)( ) knowledge or permissi
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( n ) P a r a g r a p h 5 4 , A r t
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In that (personal jurisdiction data
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APPENDIX 26 THE JOINT SERVICE COMMI
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THE JOINT SERVICE COMMITTEE ON MILI
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ceased to resist only because of a
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wrongfully expose in an indecent ma
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MCM, 2008 INDEX Subject Ref. Page A
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MCM, 2008 INDEX Subject Ref. Page S
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MCM, 2008 INDEX Subject Ref. Page T
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MCM, 2008 INDEX Subject Ref. Page C
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MCM, 2008 INDEX Subject Ref. Page R
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MCM, 2008 INDEX Subject Court-marti
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MCM, 2008 INDEX Subject Ref. Page D
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MCM, 2008 INDEX Subject Ref. Page O
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MCM, 2008 INDEX Subject Ref. Page W
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MCM, 2008 INDEX Subject Ref. Page P
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MCM, 2008 INDEX Subject Ref. Page H
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MCM, 2008 INDEX Subject Ref. Page j
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MCM, 2008 INDEX Subject Ref. Page M
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MCM, 2008 INDEX Subject Ref. Page M
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MCM, 2008 INDEX Subject Jurisdictio
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MCM, 2008 INDEX Subject Ref. Page G
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MCM, 2008 INDEX Subject Ref. Page I
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MCM, 2008 INDEX Subject Ref. Page U
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MCM, 2008 INDEX Subject Ref. Page W
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MCM, 2008 INDEX Subject Ref. Page O
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Part I Preamble Part II Rules for C
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