One Click Case Law for § 38-2-432
O.C.G.A. § 38-2-431 <-- --> O.C.G.A. §38-2-433

2010 Georgia Code

TITLE 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

CHAPTER 2 - MILITARY AFFAIRS
ARTICLE 5 - CODE OF MILITARY JUSTICE
PART 7 - TRIAL PROCEDURES
§ 38-2-432 - Duties of trial and defense counsel; defense brief forwarded with record; assistant counsel

O.C.G.A. 38-2-432 (2010)
38-2-432. Duties of trial and defense counsel; defense brief forwarded with record; assistant counsel


(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.

(b) The accused shall have the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel duly appointed pursuant to Code Section 38-2-395. Should the accused have counsel of his own selection, the duly appointed defense counsel and assistant defense counsel, if any, shall act as his associate counsel if the accused so desires; otherwise they shall be excused by the president of the court.

(c) In every court-martial proceeding, the defense counsel, in the event of conviction, may forward for attachment to the record of proceedings a brief of such matters as he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he may deem appropriate.

(d) Under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Code Section 38-2-395, an assistant trial counsel of a general court-martial may perform any duty imposed by law, regulations, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(e) Under the direction of the defense counsel or when he is qualified to be a defense counsel as required by Code Section 38-2-395, an assistant defense counsel of a general or special court-martial may perform any duty imposed by law, regulations, or the custom of the service upon counsel for the accused.