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Utah Code Title 39A. National Guard and Militia Act § 39A-5-223. Vote necessary for conviction or other questions--Tie votes

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.

(2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

(3)(a) A tie vote on a challenge disqualifies the member challenged.

(b) 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.

(c) A tie vote on any other question is a determination in favor of the accused.

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Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-223. Vote necessary for conviction or other questions--Tie votes - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-223/

Read this complete Utah Code Title 39A. National Guard and Militia Act § 39A-5-223. Vote necessary for conviction or other questions--Tie votes on Westlaw. Westlaw subscription required.

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