Qualifying Proceeding

Overview of qualifying proceeding of government appeals:

  1. Military judge presides; and
  2. A punitive discharge may be adjudged. This includes a rehearing on sentence which did not result in a punitive discharge. See United States v. Davis , 63 M.J. 171 (2006) (“We conclude that the Government properly appealed the military judge’s decision under Article 62UCMJ, as the sentence rehearing was empowered to adjudge any sentence authorized for the underlying offenses regardless of the sentence approved after the original trial.”)

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