Section 32.1052 Conviction and Sentence; Concurrence of 2/3 of Members Present Required; Determination of Questions by Majority Vote or Lesser Vote; Tie Vote.

MI Comp L § 32.1052 (2019) (N/A)

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Sec. 52.

(1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the vote is taken.

(2) Each sentence shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.

(3) Any other question to be decided by the members of a general or special court-martial shall be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

History: 1980, Act 523, Eff. Mar. 31, 1981

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Section 32.1051 Voting by Members of Court-Martial on Findings and on Sentence; Rulings by Military Judge Upon Questions of Law or Interlocutory Questions; Finality; Instructing Court as to Elements of Offense and Charge; Court-Martial Composed of Military Judge Only; Procedure.

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Section 32.1053 Announcement by Court-Martial of Findings and Sentence.