Section 124B-110 - Transmittal and review of records(a) If the judgment of a general or special court-martial entered under section 124B-105 includes a finding of guilty, the record shall be transmitted to the state judge advocate for review.(b) In all other cases not covered under subsection (a), records of trial by court-martial and related documents shall be transmitted and disposed of as the governor or adjutant general prescribe by rule or as required by law.(c) The state judge advocate shall provide notice to the accused of the right to file an appeal under section 124B-111 by means of depositing in the United States mail for delivery by first class certified mail to the accused at an address provided by the accused or, if no address has been provided by the accused at the latest address listed for the accused in the official service record of the accused.(d) Subsection (c) shall not apply if the accused waives the right to appeal under section 124B-106.(e) A review shall be completed in each general and special court-martial appealed to the State's intermediate appellate court by the accused.(f) A review conducted under this section shall be conducted by an attorney within the office of the judge advocate for the state military forces or by another attorney designated in accordance with rules adopted by the governor or adjutant general.(g) A review shall include a written decision providing each of the following: (1) A conclusion as to whether the court had jurisdiction over the accused and the offense;(2) A conclusion as to whether the charge and specification stated an offense;(3) A conclusion as to whether the sentence was within the limits prescribed as a matter of law; and(4) A response to each allegation of error made in writing by the accused.(h) A review shall be completed in each general and special court-martial if: (1) The accused waives the right to appeal or voluntarily requests dismissal of appeal under section 124B-106; or(2) The accused does not file a timely appeal in a case eligible for appeal.(i) A review shall include a written decision limited to providing conclusions on the matters specified in subsection (g)(1), (2), and (3).(j) If after a review of record under subsection (f), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the state judge advocate, who may set aside the findings or sentence, in whole or in part.(k) In setting aside the findings or sentence, the state judge advocate may order a rehearing; provided that a rehearing shall not be ordered in violation of section 124B-69.(l) If the state judge advocate sets aside the findings and sentence and does not order a rehearing, the state judge advocate shall dismiss the charges.(m) If the state judge advocate sets aside the findings and orders a rehearing but the convening authority determines that a rehearing would be impracticable, the convening authority shall dismiss the charges.Added by L 2022, c 286,§ 2, eff. 1/1/2023.