Georgia Commons

Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 9. REVIEW OF COURTS-MARTIAL

38-2-1073. Petition for new trial; time period; grounds.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must be shown as to why the petition should be granted.#

  2. (b)

    The decision of the convening authority provided for under subsection (a) of this Code section shall be appealable as provided for under Code Section 38-2-1067.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1073, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Other notes

U.S. Code.
For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 873.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 498; merge action: carried; file SHA-256 4eed692485f5.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.

O.C.G.A. § 38-2-1073. Petition for new trial; time period; grounds. | Georgia Commons