S.D. Codified Laws § 33-10-201

Current through the 2024 Legislative Session

Section 33-10-201 - Review by senior force judge advocate

Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state's senior force judge advocate. The state's senior force judge advocate may not review a case under this section if that person 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 prosecution or defense. The state's senior force judge advocate's review shall be in writing and shall contain the following:

(1) Conclusions as to whether:

(a) The court had jurisdiction over the accused and the offense;

(b) The charge and specification stated an offense; and

(c) The sentence was within the limits prescribed as a matter of law;

(2) A response to each allegation of error made in writing by the accused; and

(3) If the case is sent for action pursuant to § 33-10-202, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

SDCL 33-10-201

SL 2012, ch 175, §182.