2005 Idaho Code - 46-1145 — REVIEW OF RECORD BY STAFF JUDGE ADVOCATE -- APPEAL

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1145.  REVIEW OF RECORD BY STAFF JUDGE ADVOCATE -- APPEAL. (1) The
convening authority shall forward the record to his staff judge advocate for
review.
    (2)  The staff judge advocate shall review the record of trial in every
case forwarded to him for review as provided in this section.
    (3)  The staff judge advocate shall have authority to:
    (a)  Affirm only such findings of guilty, and the sentence or such part or
    amount of the sentence as he finds correct in law and fact and determines
    on the basis of the entire record should be approved;
    (b)  Order a rehearing if he sets aside the findings and sentence, except
    where the setting aside is based on lack of sufficient evidence to support
    the findings;
    (c)  Order that the charges be dismissed if he sets aside the findings and
    sentence based on lack of sufficient evidence to support the findings.
    (4)  Following completion of the staff judge advocate's review a copy will
be provided to the defense and trial counsels and an aggrieved party may
appeal to the district court of the judicial district wherein the
court-martial was conducted within forty-two (42) days from the date of
receipt of such review. Such appeal shall be conducted in accordance with the
Idaho criminal rules governing appeals and this code. For courts-martial held
outside the state of Idaho, venue for appeal purposes shall be in the district
court of the fourth judicial district, Ada County, Idaho.