Section 400.1080  Petition for a New Trial

a)         At any time within 2 years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. (Code Section 73)

b)         A petition for a new trial of the facts may not be submitted on the basis of newly discovered evidence when the petitioner was found guilty of the relevant offense pursuant to a guilty plea.

c)         The form of the petition shall comply with RCM 1210.

d)         Newly Discovered Evidence.  A new trial shall not be granted on the grounds of newly discovered evidence unless the petition shows that:

1)         The evidence was discovered after trial;

2)         The evidence is not such that it would have been discovered by the petitioner at the time of trial in the exercise of due diligence; and

3)         The newly discovered evidence, if considered by a court martial in light of all other pertinent evidence, would probably produce a substantially more favorable result for the accused.

e)         Fraud on Court-martial.  No fraud on the court-martial warrants a new trial unless it had a substantial contributing effect on a finding of guilty or the sentenced adjudged.