§830a. Art. 30a. Proceedings conducted before referral — Inbound Citations
10 U.S.C. § 830a
Cited by 8 provisions in release 119-102.
Citations to 10 U.S.C. § 830a as a whole
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(10) The term “military judge” means a judge advocate designated under section 826(c) of this title (article 26(c)) who is detailed under section 826(a) or section 830a of this title (article 26(a) or 30a).
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(A) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
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(f) A military judge may be detailed under subsection (a) to a court-martial or a proceeding under section 830a of this title (article 30a) that is convened in a different armed force, when so permitted by the Judge Advocate General of the armed force of which the military judge is a member.
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(b) In accordance with regulations prescribed by the Secretary concerned, in addition to duties when designated under section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.
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(2) An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a court-martial only if a general court-martial convening authority has authorized counsel for the Government to issue such a subpoena or a military judge issues such a subpoena pursuant to section 830a of this title (article 30a).
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(3) With respect to an investigation of an offense under this chapter, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of the United States under chapter 121 of title 18, subject to such limitations as the President may prescribe by regulation.
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(e) If a person requests relief from a subpoena or other process under this section (article) on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with section 826 or 830a of this title (article 26 or 30a) shall review the request and shall—(1) order that the subpoena or other process be modified or withdrawn, as appropriate; or(2) order the person to comply with the subpoena or other process.
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(1) In a trial by general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.(C) An order or ruling which directs the disclosure of classified information.(D) An order or ruling which imposes sanctions for nondisclosure of classified information.(E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.(G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.