§ 33-10-116 Sessions without presence of court-martial members--Record.

SD Codified L § 33-10-116 (2019) (N/A)

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33-10-116. Sessions without presence of court-martial members--Record. At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to § 33-10-109, call the court into session without the presence of the members for the purpose of:

(1) Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;

(2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(3) Holding the arraignment and receiving the pleas of the accused; and

(4) Performing any other procedural function that does not require the presence of the members of the court under this code.

These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to § 33-10-91.

Source: SL 2012, ch 175, § 97.

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§ 33-10-115 Duties of defense counsel in court-martial proceeding resulting in conviction.

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§ 33-10-117 Presence of accused, counsel, and military judge at proceedings--Exception.