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§ 13-802. In general

MD Pub Safety Code § 13-802 (2019) (N/A)
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(a)    There are three types of courts-martial:

(1)    a general court-martial;

(2)    a special court-martial; and

(3)    a summary court-martial.

(b)    (1)    Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding:

(i)    jurisdiction;

(ii)    powers, with the exception of punishment;

(iii)    procedures; and

(iv)    composition.

(2)    In a case of absence without leave, an offender shall be referred to a summary court officer for trial without first being referred to an investigating officer.

(c)    (1)    A member of a force organized under this title is in the actual service of the State and is subject to all military laws, orders, and regulations.

(2)    A violation of a military law, order, or regulation is an offense against the State and is punishable as provided in this subtitle.

(d)    (1)    The jurisdiction of a court-martial established under this subtitle is presumed to be correct.

(2)    A person alleging lack of jurisdiction in an action or proceeding has the burden of proving lack of jurisdiction.

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§ 13-801. Scope of subtitle
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