Ill. Admin. Code tit. 95 § 400.1005

Current through Register Vol. 49, No. 2, January 10, 2025

Section 400.1005 - Error of Law; Lesser Included Offenses

a)A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

b)Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense. (Code Section 59)

c) Any challenges to an error of law must be raised in a timely post-trial motion. Constitutional challenges may be raised at any time, including on appeal.

Ill. Admin. Code tit. 95, § 400.1005

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.