Ohio Revised Code Search
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Section 5924.67 | Compensation for judges.
...A judge of the court of military appeals shall receive as compensation for each day of attendance on the business of the court an amount equal to the annual compensation of a judge of a court of appeals divided by the number of days in the calendar year. A judge who resides more than fifty miles from the location of the court also shall be reimbursed for the judge's actual and necessary expenses of traveling to... |
Section 5924.68 | Power of subpoena.
...The court of military appeals may subpoena witnesses, require the production of evidence, and punish for contempt in the same manner and to the same extent as a common pleas court. |
Section 5924.69 | Appeals to the supreme court.
...m orders and judgments of the court of military appeals may be taken to the supreme court in the same manner and to the same extent as criminal appeals from orders and judgments of a court of appeals. |
Section 5924.70 | Appellate counsel.
...ll represent the state in the court of military appeals. In a case arising under this code that is heard in the supreme court, appellate government counsel shall represent the state in the supreme court unless the attorney general elects to represent the state. (C) Appellate defense counsel shall represent the accused in the court of military appeals and the supreme court unless the accused elects to be repres... |
Section 5924.71 | Sentence of dismissal or discharge.
...nd the accused appeals to the court of military appeals, the dismissal or discharge part of the sentence may not be executed until the appellate process has been completed and, in case of dismissal, approval of the sentence by the adjutant general. The appellate process is completed when any of the following occurs: (a) The accused withdraws the appeal. (b) The court of military appeals renders a decision, and... |
Section 5924.72 | Vacation of suspension of sentence.
...(A) An officer having special court-martial jurisdiction over a person whose sentence has been suspended may recommend vacation of the suspension of an approved sentence or part of a sentence that was imposed by a special court-martial and includes a bad-conduct discharge or that was imposed by a general court-martial. (B) Before vacating the suspension of a sentence or part of a sentence under division (A) o... |
Section 5924.73 | Petition for new trial.
...he case is pending before the court of military appeals or the supreme court, in which case the adjutant general shall refer the petition to the court in which the appeal is pending. |
Section 5924.74 | Remission and suspension by adjutant general, state judge advocate, or convening authority.
...(A) The adjutant general, the state judge advocate when authorized by the adjutant general, or a convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other than a sentence approved by the governor or a superior convening authority. (B) The adjutant general may, for good cause, substitute an administrative form of discharge f... |
Section 5924.75 | Effect of disapproval of sentence; reappointment of officers; leave pending actions.
...(A) Under any regulations that the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part of the sentence is included in a sentence imposed upon the new trial or rehearing. (B... |
Section 5924.76 | Finality of proceedings.
...The appellate review of records of trial pursuant to this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed pursuant to this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation pursuant to this code are final and conclusive. Orders publishing the proceedings of courts-martial... |
Section 5924.761 | Leave pending completion of certain actions.
...Pursuant to regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under sections 5924.59 to 5924.761 of the Revised Code if the sentence, as approved under section 5924.60 of the Revised Code, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be requi... |
Section 5924.77 | Principal defined.
...Any person subject to this code is a principal if the person does either of the following: (A) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; (B) Causes an act to be done which if directly performed by the person would be punishable by this code. |
Section 5924.78 | Accessory after the fact.
...Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct. |
Section 5924.79 | Conviction of lesser included offense.
...An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. |
Section 5924.80 | Attempts.
...(A) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (B) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (C) Any person sub... |
Section 5924.81 | Conspiracy.
...Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. |
Section 5924.82 | Solicitation.
...(A) Any person subject to this code who solicits or advises another or others to desert in violation of section 5924.85 of the Revised Code and of this code or mutiny in violation of section 5924.94 of the Revised Code and of this code shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or... |
Section 5924.83 | Fraudulent enlistment, appointment or separation.
...Any person who does either of the following shall be punished as a court-martial may direct: (A) Procures the person's own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; (B) Procures the person's own separation from the organized milit... |
Section 5924.84 | Unlawful enlistment, appointment or separation.
...Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. |
Section 5924.85 | Desertion.
...(A) Any member of the organized militia who does any of the following is guilty of desertion: (1) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently; (2) Quits the member's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; (3) ... |
Section 5924.86 | Absence without leave.
...Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct: (A) Fails to go to the person's appointed place of duty at the time prescribed; (B) Goes from the person's appointed place of duty; (C) Absents self or remains absent from the person's unit, organization, or place of duty at which the person is required to be at the time prescrib... |
Section 5924.87 | Missing movement.
...Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct. |
Section 5924.88 | Contempt toward officials.
...Any commissioned officer who uses contemptuous words against the governor or the legislature of this state shall be punished as a court-martial may direct. |
Section 5924.89 | Disrespect toward superior officer.
...Any person subject to this code who behaves with disrespect toward the person's superior commissioned officer shall be punished as a court-martial may direct. |
Section 5924.90 | Assault - willfully disobeying an officer.
...Any person subject to this code who does either of the following shall be punished as a court-martial may direct: (A) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the person's superior commissioned officer while that officer is in the execution of official duties; (B) Willfully disobeys a lawful command of the person's superior commissioned... |