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 400.1080 - Petition for a New Trial
Current through Register Vol. 48, No. 12, March 22, 2024
a) At any time within 2 years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. (Code Section 73)
b) A petition for a new trial of the facts may not be submitted on the basis of newly discovered evidence when the petitioner was found guilty of the relevant offense pursuant to a guilty plea.
c) The form of the petition shall comply with RCM 1210.
d) Newly Discovered Evidence. A new trial shall not be granted on the grounds of newly discovered evidence unless the petition shows that:
e) Fraud on Court-martial. No fraud on the court-martial warrants a new trial unless it had a substantial contributing effect on a finding of guilty or the sentenced adjudged.