2013 Maryland Code
PUBLIC SAFETY
§ 13-802 - In general

§13-802.

(a) There are three types of courts-martial:

(1) a general court-martial;

(2) a special court-martial; and

(3) a summary court-martial.

(b) (1) Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding:

(i) jurisdiction;

(ii) powers, with the exception of punishment;

(iii) procedures; and

(iv) composition.

(2) In a case of absence without leave, an offender shall be referred to a summary court officer for trial without first being referred to an investigating officer.

(c) (1) A member of a force organized under this title is in the actual service of the State and is subject to all military laws, orders, and regulations.

(2) A violation of a military law, order, or regulation is an offense against the State and is punishable as provided in this subtitle.

(d) (1) The jurisdiction of a court-martial established under this subtitle is presumed to be correct.

(2) A person alleging lack of jurisdiction in an action or proceeding has the burden of proving lack of jurisdiction.