Current with changes from the 2024 Legislative Session
Section 13A-709 - Former jeopardy(a) A person may not, without the consent of the person, be tried a second time for the same offense.(b) A proceeding in which an accused has been found guilty by a court-martial on any charge or specification is not a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.(c)(1) A court-martial with a military judge alone is a trial in the sense of this section if, without fault of the accused, after introduction of evidence and before announcement of findings under § 13A-718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.(2) A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused, after the members, having taken an oath as members under § 13A-707 of this subtitle and after completion of challenges under § 13A-706 of this subtitle, are impaneled, and before announcement of findings under § 13A-718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.Amended by 2023 Md. Laws, Ch. 49, Sec. 2, eff. 4/11/2023.Added by 2020 Md. Laws, Ch. 592, Sec. 2, eff. 10/1/2020.