Section 26.05.615. Appeal by the state.

   (a) In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter
        (1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
        (2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
        (3) an order or ruling that directs the disclosure of classified information;
        (4) an order or ruling that imposes sanctions for nondisclosure of classified information;
        (5) the refusal of the military judge to issue a protective order sought by the prosecution to prevent the disclosure of classified information;
        (6) the refusal of the military judge to enforce an order issued under (5) of this subsection that was previously issued by an appropriate authority.
   (b) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. The notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
   (c) An appeal under this section shall be forwarded to the Military Appeals Commission under AS 26.05.640. In ruling on the appeal, the Military Appeals Commission may act only with respect to matters of law.
   (d) A period of delay resulting from an appeal under this section shall be excluded in deciding an issue involving the denial of a speedy trial, unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was frivolous and without merit.
   (e) The state may not appeal a finding of not guilty with respect to a charge or specification by the members of the court-martial, or by a judge in a bench trial if the finding was not made on reconsideration.

Authorities

22.05.010;26.05.595;26.05.640

Notes

References

AS 22.05.010 Jurisdiction.
AS 26.05.595 Deferment of sentences.
AS 26.05.640 Military Appeals Commission.

History

(Sec. 4 ch 55 SLA 2016)