Current through the 2024 Fourth Special Session
Section 39A-5-223 - Vote necessary for conviction or other questions - Tie votes(1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. (2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. (3)(a) A tie vote on a challenge disqualifies the member challenged. (b) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. (c) A tie vote on any other question is a determination in favor of the accused. Renumbered and amended by Chapter 373, 2022 General Session ,§ 79, eff. 5/4/2022.Amended by Chapter 15, 1989 General Session