Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart I - POST-TRIAL PROCEDURE AND REVIEWS
Section 400.1065 - Review by State Appellate Authority

Current through Register Vol. 48, No. 12, March 22, 2024

a) Decisions of a court-martial are from a court with jurisdiction to issue misdemeanor and felony convictions.

b) All appeals from final decisions of a court-martial shall be to the Illinois Appellate Courtin the same manner as are final decisions of a circuit court in accordance with the Illinois Appellate Court Act.

c) The senior force judge advocate shall coordinate with the Clerk of the Illinois Appellate Court, Fourth District to ensure that all filing requirements and State deadlines on appeal are met.

d) Upon request, the senior force judge advocate will ensure that a copy of this Manual and the Code are provided to the Clerk of the Illinois Appellate Court, Fourth District for reference during proceedings.

e) No appeal from a judgment entered upon a plea of guilty shall be taken except in accordance with Article VI of the Illinois Supreme Court Rules (Appeals in Criminal Cases, Post-Conviction Cases and Juvenile Court Proceedings)

f) Unless waived, an accused may appeal as a matter of right a finding of guilt resulting in an approved sentence of one-year confinement or more, or in a dismissal for a commissioned officer or warrant officer, a dishonorable discharge, or a bad-conduct discharge in the case of an enlisted member.

g) The appellate rights and procedures to be followed shall be those provided by applicable law and Supreme Court Rules, Article VI. (Code Section 67a)

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