Ohio Revised Code Search
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Section 5919.16 | Discharge of officer.
...(A) Commissioned and warrant officers in the Ohio national guard shall be discharged by the adjutant general upon either of the following: (1) The officer's resignation; (2) Approval of a board's recommendation for withdrawal of federal recognition by the chief of the national guard bureau. (B) An officer also may be discharged under any of the following circumstances: (1) Pursuant to other federal regulations; ... |
Section 5923.01 | State militia membership - limitation of troops.
...(A) The Ohio organized militia consists of all persons who are members of one of the following: (1) The Ohio national guard; (2) The Ohio naval militia; (3) The Ohio military reserve ; (4) The Ohio cyber reserve. (B) The Ohio national guard, including both the Ohio air national guard and the Ohio army national guard, the Ohio naval militia, the Ohio military reserve, and the Ohio cyber reserve are known collec... |
Section 5923.02 | Persons exempt from military service.
...The following persons, if subject to duty in the Ohio organized or unorganized militia, may be exempted by the adjutant general from duty on request: (A) The vice-president of the United States; (B) The officers, judicial and executive, of the departments of the state and of the United States, and the members of the general assembly, without regard to age; (C) Members of the armed forces of the United States or... |
Section 5924.01 | Code of military justice definitions.
...As used in Chapter 5924. of the Revised Code unless the context otherwise requires: (A) "Organized militia" means the Ohio national guard, the Ohio naval militia, the Ohio military reserve, and the Ohio cyber reserve. (B) "Officer" means commissioned or warrant officer. (C) "Commissioned officer" includes a commissioned warrant officer. (D) "Commanding officer" includes only commissioned or warrant officers in c... |
Section 5924.06 | State judge advocate; subordinate judge advocates and legal officers.
...(A) The adjutant general shall appoint an officer of the Ohio national guard as state judge advocate. The officer shall be a member in good standing of the bar of this state and be eligible to be recognized as a colonel under regulations prescribed by the national guard bureau. (B) The adjutant general shall appoint judge advocates and legal officers on the recommendation of the state judge advocate. Judge ad... |
Section 5924.09 | Arrest or confinement.
...(A) Arrest is the restraint of a person by an oral or written order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person that is imposed by order of competent authority and deprives the person of freedom pending disposition of criminal charges. (B) An enlisted member may be ordered into arrest or confinem... |
Section 5924.135 | Courts of inquiry.
...(A) Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry. (B) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court. (C) Any person subject to this code wh... |
Section 5924.20 | Jurisdiction of summary courts-martial; punishments.
...(A) Subject to section 5924.17 of the Revised Code, summary courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code. (B) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects to being brought to trial before a summary court-martial. If objection to trial by su... |
Section 5924.26 | Military judge.
...(A) A military judge shall be detailed to each general and special court-martial. A military judge shall preside over each open session of the court-martial to which the judge has been detailed. (B) A military judge shall be a commissioned officer of the organized militia who is a member in good standing of the bar of this state and who is certified to be qualified for duty as a military judge by the state ju... |
Section 5924.38 | Duties of trial and defense counsel.
...(A) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings. (B) The accused has the right to be represented in the accused's defense before a general or special court-martial by civilian counsel if provided by the accused at the accused's own cost, by military counsel of the accused's o... |
Section 5924.45 | Entry of plea by accused; entry by court.
...(A) An accused may plead not guilty, not guilty by reason of insanity, guilty, or, with the consent of the court, no contest. A plea of not guilty by reason of insanity shall be made in writing by either the accused or the accused's attorney. All other pleas may be made orally. The pleas of not guilty and not guilty by reason of insanity may be joined. (B) If an accused refuses to plead, the court shall enter... |
Section 5924.501 | Competency of accused; hearing.
...(A) In an action under this code, the military judge, trial counsel, defense counsel, or civilian counsel may raise the issue of the accused's competence to stand trial. If the issue is raised before the trial has commenced, the court shall hold a hearing on the issue as provided in this section. If the issue is raised after the trial has commenced, the court shall hold a hearing on the issue only for good caus... |
Section 5924.503 | Findings of competency or incompetency; evaluation and treatment of accused.
...(A) If the issue of an accused's competence to stand trial is raised and if the court, upon conducting the hearing provided for in section 5924.502 of the Revised Code, finds that the accused is competent to stand trial, the accused shall be proceeded against as provided by law. If the court finds the accused competent to stand trial and the accused is receiving psychotropic drugs or other medication, the court may a... |
Section 5924.506 | Finding of not guilty by reason of insanity; hearing.
...(A) If an accused person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a person with a mental illness subject to hospitalization by court order. Prior to the hearing, if the military judge believes that there is probable cause that the person found not guilty by reason of insanity is a person with a ... |
Section 5924.57 | Effective date of sentences.
...(A)(1) A forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of the date that is fourteen days after the date on which the sentence is adjudged or the date on which the sentence is approved by the convening authority. (2) On application of an accused, the convening authority may defer a forfeiture of pay or allowances or reduction... |
Section 5924.60 | Report of findings to convening authority; submission of matters by accused; actions by convening authority; revision or rehearing.
...(A) A court-martial shall report its findings and sentence to the convening authority after announcing the sentence. (B)(1) The accused may submit to the convening authority matters relating to the findings and sentence to the convening authority for its consideration. A submission shall be in writing. A submission shall be made within ten days after the accused has been given an authenticated record of trial... |
Section 5924.61 | Appeal by accused.
...(A) An accused may appeal a finding of guilty or the sentence of a court-martial to the court of military appeals. The court shall hear an appeal if the convening authority or other authorized person approved a sentence of dismissal of a commissioned officer, dishonorable or bad conduct discharge, or confinement for one year or more and if the appeal was timely filed. The court may hear any other appeals that t... |
Section 5924.64 | Review of cases in which no appeal taken.
...(A) A judge advocate shall review pursuant to regulations prescribed by the adjutant general each case in which there has been a finding of guilty and in which no appeal is taken. A judge advocate may not review a case under this section if the judge advocate has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the p... |
Section 6101.01 | Conservancy district definitions.
...As used in this chapter: (A) "Publication" or "published" means once in a newspaper of general circulation in the county or counties where the publication is to be made. When a publication is required to be made by a conservancy district or its board of directors, a copy of the publication, certified by the secretary of the conservancy district to have been published in accordance with this division, shall be admitt... |
Section 6101.03 | Evidence and forms.
...(A) In any orders of the court, the words "The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding" are equivalent to a finding that each jurisdictional fact necessary to confer plenary jurisdiction upon the court, beginning with the proper signing and filing of the initial petition to the date of the order containing that recital, has been scrutinized by the ... |
Section 6101.04 | Purpose and organization of conservancy districts.
...Any area or areas situated in one or more counties may be organized as a conservancy district in the manner and subject to the conditions provided by this chapter for any of the following purposes: (A) Preventing floods; (B) Regulating stream channels by changing, widening, and deepening the stream channels; (C) Reclaiming or filling wet and overflowed lands; (D) Providing for irrigation where it may be needed; ... |
Section 6101.07 | Composition of court for hearing on petition.
...Upon the determination of a judge of the court of common pleas that a sufficient petition has been filed in the court in accordance with section 6101.05 of the Revised Code, the judge shall give notice of the petition to the court of common pleas of each county included in whole or in part within the proposed conservancy district. The judge of the court of common pleas of each county, or in the case of any county hav... |
Section 6101.15 | Powers of board.
...In order to accomplish the purposes of the conservancy district, the board of directors of a conservancy district may do the following: (A) Clean out, straighten, widen, alter, deepen, or change the course or terminus of any ditch, drain, sewer, river, watercourse, pond, lake, creek, or natural or artificial stream located in or out of the district; (B) Fill up any abandoned or altered ditch, drain, sewer, river, w... |
Section 6101.47 | Conservancy district charitable and social welfare trusts.
...(A) As used in this section and section 6101.44 of the Revised Code: (1) "Charitable trust" means any entity that meets all of the following: (a) It is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code. (b) At least in part, it benefits a conservancy district that includes all or parts of more than sixteen counties. (c) At least in part, its purposes are consistent with... |
Section 6101.84 | Illustrative forms.
...The following forms illustrate the character of the procedure contemplated by this chapter, and, if substantially complied with, those things being changed which should be changed to meet the requirements of the particular case, such procedure shall be held to meet the requirements of this chapter. (A) Form of Notice of Hearing on the Petition: "To all Persons and Public Corporations Interested: Public Notice is H... |