A. The advice of the staff judge advocate prescribed by Article 34, Uniform Code of Military Justice and the review required by Article 64, Uniform Code of Military Justice shall be accomplished by the state judge advocate or his designee.
B. Appeals shall be taken according to the rules of appellate procedure applying to criminal cases tried in the district courts.
C. The action of the convening authority as to an approved sentence shall continue in effect while an appeal is pending.
D. Extraordinary writs may issue from the New Mexico supreme court upon such grounds as the United States court of military appeals may similarly act in federal courts-martial, following the New Mexico rules of appellate procedures applicable thereto.
History: 1978 Comp., § 20-12-7, enacted by Laws 1987, ch. 318, § 92; 1989, ch. 337, § 10.
Cross references. — For Articles 34 and 64 of the Uniform Code of Military Justice, referred to in Subsection A, see 10 U.S.C. §§ 834 and 864, respectively.
The 1989 amendment, effective June 16, 1989, in the catchline, added "extraordinary writs"; in Subsection A, added "or his designee"; substituted present Subsection B for the provisions of former Subsections B to E, which specified review procedures; and added Subsections C and D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military, and Civil Defense §§ 269, 270, 338.
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