2010 Rhode Island Code
Title 30 Military Affairs and Defense
CHAPTER 30-13 Rhode Island Code of Military Justice
§ 30-13-66 Rehearings.
§ 30-13-66 Rehearings. – (a) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In that case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
History of Section.
(G.L. 1956, § 30-13-66; P.L. 1962, ch. 82, § 1.)
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