2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.205 Challenges.
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<![CDATA[35.205 Challenges.
(1)
(a)
(b)
(2)
(a)
(b)
(c)
The military judge and members of a general or special court-martial may
be challenged by the accused or the trial counsel for cause stated to the
court. The military judge or the court shall determine the relevancy and
validity of challenges for cause, and may not receive a challenge to more
than one (1) person at a time. Challenges by the trial counsel shall
ordinarily be presented and decided before those by the accused are
offered.
If the exercise of a challenge for cause reduces the court below the
minimum number of members required by KRS 35.075, all parties shall,
notwithstanding KRS 35.145, either exercise or waive any challenge for
cause then apparent against the remaining members of the court before
additional members are detailed by the court. However, peremptory
challenges shall not be exercised at that time.
Each accused and trial counsel is entitled to one (1) peremptory
challenge of members of the court. The military judge may not be
challenged except for cause.
If the exercise of a peremptory challenge reduces the court below the
minimum number of members required by KRS 35.075, the parties shall,
notwithstanding KRS 35.145, either exercise or waive any remaining
peremptory challenge not previously waived against the remaining
members of the court before additional members are detailed to the court.
Whenever additional members are detailed to the court, and after any
challenges for cause against such additional members are presented and
decided, each accused and the trial counsel are entitled to one (1)
peremptory challenge against members not previously subject to
peremptory challenge.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 42, effective June 25, 2013. -Amended 1970 Ky. Acts ch. 56, sec. 27. -- Created 1954 Ky. Acts ch. 99,
sec. 40, effective July 1, 1954.
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