Ferry fares, payment in addition
to mileage as unauthorized Transp § 1.15
Household effects- application of reimbursement for transportation to liquidate debts due to U. S. Pay § 101.1 transportation where member is ordered to school for less than twenty weeks. Transp § 43.5 Per diem-
see also PAY AND ALLOWANCES continental United States, right to per diem during travel outside of
officers on duty without pay status Transp § 29.1 personnel on temporary disabil- ity retired list submitting to periodic physical examination as not entitled to
Hosp, Med, etc § 1.21
quarters assigned or rented to other persons as not tempo- rary lodgings within provi- sions of Joint Travel regula- tions providing for per diem for occupancy of temporary lodgings upon arrival at new station Pay § 71.11 temporary duty, right to per diem during Transp§ 29.15 temporary duty at same place as permanent station, officer per- forming, as not in travel status for purposes of per diem Pay § 69.7 Release from active duty- actual performance of travel as prerequisite to receipt of pay for travel time between last duty station and home Transp § 35.1 time limitations on performance of travel from last duty sta- tion to home.. Transp § 35.1 Requisition of commercial aircraft, generally Transp §3.15
Retired persons-
travel allowance for person on temporary disability retired list submitting to periodic physical examination
Hosp, Med, etc § 1.21
Argument or comment of counsel -Cont'd
expert witness, trial counsel's reference to compensation of Trial § 35.11
failure of accused to testify, comment on .... Trial § 35.5 failure to object to trial coun- sel's comments.. Trial § 35.5 inaccurate statement of law read by trial counsel
inferences to be drawn from evi- dence Larc § 36.17 inflammatory statements
Trial § 35.3 liar, reference to accused by trial counsel as Trial § 35.9 prosecution evidence as uncon-
troverted, trial counsel's com- ment as to ... Trial § 35.5 punishment, matters as to, see SENTENCE AND PUNISHMENT rebuttal of closing argument by trial counsel, right of defense counsel with respect to
Trial § 35.1 test of determining prejudice Trial §§ 35.3, 35.9 thief, reference to accused as Trial § 35.9 time allowed closing argument as discretionary with law of- ficer Trial § 31.1 unanimous findings of sanity board, comment by trial coun- Defenses § 35.3 Censure of court by command- ing officer Trial § 27.4 Certificate of correction, see Rec- ord of trial, infra this topic Challenges, see CHALLENGES Citations of cases, law officer's submission to court Command influence, see COM- MAND INFLUENCE
Comment by counsel, see Argu- ment or comments of counsel, supra this topic
Comment by law officer-
defense counsel, comments re- flecting on character or ability of ... .. Trial § 31.1
Comment by law officer-Cont'd evidence, comments on in ruling on motion for finding of not guilty held not prejudicial Trial § 31.3
guilt of accused, opinion as to Trial § 31.1
motion for change of place of trial, comment by law officer that he could see no basis for Trial § 1.6
Conferences- between president of court and law officer. Sent & Pun § 5.5 command influence, see COM- MAND INFLUENCE
exclusion of one joint accused where he has pleaded guilty and testified as witness
Trial § 7.1 recess of court, conference be- tween law officer and mem- bers of court during- as improper ..... Trial § 31.1 as "proceedings" of court sub- ject to review by Court of Military Appeals
Review § 45.31 certificate of parties as to conferences not disclosed in record of trial, considera- tion by Court of Military Appeals Trial § 81.1 cumulative error in
law relating to case, discus- sion of Trial § 31.1 objection by defense counsel during such proceedings but not made in open court, suf- ficiency ... Review § 45.31 opinion expressed by law offi- cer during, instruction in open court in accord with expression of such opinion as removing prejudice
recess of court, unreported con- ference between court and counsel during
Trial-Cont'd
Conferences-Cont'd record of trial-
duty to record in-court con- ferences or out-of-court hearings in special courts- martial proceedings
Sent & Pun § 25.1 failure of record to show con- ference as affecting bad conduct discharge adjudged Sent & Pun § 25.1
failure of record to show con- ference, error resolved in favor of accused
unrecorded conference- absence of accused
Sent & Pun § 25.1 reporter's statement confer- ence was limited to form of findings as not acceptable Sent & Pun § 5.5 Continuance, see CONTINUANCES OR ADJOURNMENT
Convening authority, see CONVEN-
ING AUTHORITY Defense counsel, COUNSEL Deliberations and closed sessions
of court, generally— access to Manual for Courts- Martial during.. Trial § 53.45 Trial § 65.19 application of doctrine of specific prejudice Trial § 65.5 on sentence Sent & Pun § 5.5 Deliberations and closed sessions
of court, presence of law offi- cer and others-
on findings. Trial §§ 65.5, 85.1 Trial § 67.3 rebuttable presumption of prej- udice Sent & Pun § 5.5 specific prejudice
Sent & Pun § 5.5 Depositions, see DEPOSITIONS Election of charges, see CHARGES AND SPECIFICATIONS
Excusal of court members- by staff judge advocate or his executive officer. Trial § 1.15 delegation of authority to staff judge advocate, president of court, or other official
Impeaching findings, see FINDINGS Instructions, see INSTRUCTIONS TO COURT
Joint accused, see JOINT ACCUSED Joint trial, see JOINT TRIAL Jurisdictional error consideration of matters outside of record as Trial § 27.4 Law officer, generally, see LAW OFFICER
Manual for Courts-Martial, access of court to, during trial or de- liberations Trial § 53.45 Trial § 65.19
Marine insignia, compelling ac- cused to appear at trial without Trial § 7.5 Military justice, commanding of- ficer's admonition to court as to Trial § 27.4
Newspapers— presence of reporter at trial as not prejudicial.. Trial § 23.15 publication of photograph of court members in base news- paper, as not prejudicial Trial § 23.15
New trial, see NEW TRIAL Objections, failure to made, see WAIVER
Offers of proof, see OFFERS OF PROOF
Opinion of defense counsel on law,
propriety of law officer's con- duct in requesting Trial § 31.1 Photograph of members of court published in base newspaper as not prejudicial... Trial § 23.15 Place of-
jurisdiction as not affected by Trial § 1.6
motions as to, see MOTIONS Post-trial interview, see POST- TRIAL INTERVIEW President of court, see COURTS- MARTIAL
newspapers, supra this topic Punishment, see SENTENCE AND PUNISHMENT Recess of court-
see also CONTINUANCE OR AD- JOURNMENT
conference during, see Confer- ences, supra this topic Record of trial-
amendment with consent of par- ties Trial § 81.1
bad conduct discharge- failure to keep verbatim rec- ord ... Sent & Pun § 25.1 stipulation of testimony as not rendering record incom- plete Sent & Pun § 25.1 waiver of requirement of com- plete record where defense counsel is not lawyer
Sent & Pun § 25.1 board of review considering
matters outside of, see BOARD OF REVIEW
certificate of correction-
as proper method of correct-
ing omissions in record
Trial-Cont'd
Record of trial-Cont'd
findings work sheets, attaching to record. Sent & Pun § 5.5 informing accused of nature of offense before taking state- ment, failure of record to show .. Evid § 133.2 omissions in—
affidavits of accused, consider- ation of Trial § 81.1
certificate of correction as proper method of correcting Trial § 81.1
hearing to determine ques- tions as to, authority of convening authority to or- der Trial § 81.1 proceedings at view of scene of offense, sufficiency of record of Trial § 77.1 staff judge advocate's review, see STAFF JUDGE ADVOCATE unreported conferences, see Con- ferences, supra this topic Reference of charges for trial, see CHARGES AND SPECIFICATIONS Rehearing, see REHEARING Reporter, see REPORTER
Reprimand of court members by commanding officer
Sentence, see SENTENCE AND PUN- ISHMENT
Severance, see JOINT TRIAL
Staff judge advocate, see STAFF JUDGE ADVOCATE OR LEGAL OF- FICER
Stipulations, see STIPULATIONS Time of-
absence of accused after election by commander not to prose- cute, trial on charges by new commander delayed by Trial § 1.5 request for speedy trial, duty of accused to make. Trial § 1.5 Trial counsel, see TRIAL COUNSEL Uniform, accused's right to appear Trial § 7.5 Variance, see particular offenses View of scene of offense, see VIEW OF SCENE OF OFFENSE Voting on findings, see FINDINGS Witnesses, see WITNESSES
Law officer, failure of trial counsel to disclose prior participation of Chg & Spec § 45.1 Members of court recommended by, appointment of Crt-M § 3.1 Post-trial interview prepared by Sent & Pun § 11.1 lack of prejudice where possible bias is recognized and con- sidered by reviewing authori- ties ... Sent & Pun § 11.1
Prior participation, see PRIOR PARTICIPATION IN CASE Sentence and punishment, rebuttal
of matters in mitigation or ex- tenuation, see SENTENCE AND PUNISHMENT
Staff judge advocate-
as not accuser by reason of ad- vice to trial counsel
Chg & Spec § 45.1 base staff judge advocate's ap- pearance as trial counsel as not prejudicial.. Crt-M § 25.3 inquiry into facts as not disqual- ifying him from becoming trial counsel.... Crt-M § 25.3
Payment in addition to mileage Transp § 1.15
Underwriters' Laboratories
Contract specifications requiring articles offered or supplied to government bear the label of Contracts § 27.1
Undesirable discharge
See DISCHARGES
Unemployment compensation
Air National Guard members and civilian employees
Non-appropriated funds of civilian employees .... Civ Pers § 49.6
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