Md. Code Ann., Pub. Safety § 13A-908
Review by Court of Military Appeals; appointment, powers, practices, and procedures
Effective Oct 1, 2020Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.State of Maryland
(a)
- (1) Decisions of a court-martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals.
- (2) The Court of Military Appeals shall follow the federal Manual for Courts-Martial and procedures as provided by the court of criminal appeals for the service of the defendant.
- (3) The court shall have three judges present to convene.
- (4) The Chief Judge may convene the court and may appoint alternates.
- (5) The court has the authority to adopt a seal.
(b)
(1) The Governor shall:
- (i) appoint up to 10 judges, but at least three, to the court for 5-year terms; and
- (ii) appoint one judge as Chief Judge.
- (2) Judges are not limited to one term.
- (3) Judges should have demonstrated experience in military law and be a member of the Maryland Bar.
(c) The Court of Military Appeals shall have power over:
(1) the issuance of extraordinary writs relative to all matters arising under:
- (i) the provisions of this title;
- (ii) the Uniform Code of Military Justice;
- (iii) any regulation issued by the Governor pertaining to members of the Maryland organized militia; and
- (iv) court-martial actions pending before any military judge of the Maryland Military Department;
- (2) adjudicating appeals by victims as described in § 13A-105 of this title; and
(3) adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, which may include:
- (i) dismissal, in the case of a commissioned or warrant officer;
- (ii) dishonorable discharge, in the case of an enlisted person;
- (iii) bad-conduct discharge, in the case of an enlisted person;
- (iv) forfeiture of all pay and allowances; and
- (v) any confinement.
(d)
- (1) An appellant must petition the court for review, which is a right on request.
- (2) There is no automatic review of sentence.
- (3) An appellant may waive the right to review.
(e) The Maryland National Guard State Judge Advocate shall:
- (1) provide a full-time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and
- (2) provide administrative support for appellate judges, as required.
Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.