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10 U.S.C. § 873 — Art. 73. Petition for a new trial

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 92 words · no verdicts yet

in plain englishAI-generated · not legal advice

An accused may seek a new court-martial trial within three years for newly discovered evidence or fraud on the court, with the Judge Advocate General or the appropriate appellate court deciding the petition.

At any time within three years after judgment under section 860c (article 60c) is entered, the accused may petition the Judge Advocate General for a new trial based on newly discovered evidence or fraud on the court. If the case is pending before a Court of Criminal Appeals or the Court of Appeals for the Armed Forces, the Judge Advocate General must refer the petition to the appropriate court. Otherwise, the Judge Advocate General must decide it.
the actual law source: uscode.house.gov ↗public domain

At any time within three years after the date of the entry of judgment under section 860c of this title (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5336, Dec. 23, 2016, 130 Stat. 2937.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1968Amended · Pub. L. 90-632 · 82 Stat. 1342
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2831
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2937

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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