[§124B-111]  Review by state appellate authority.  (a)  An accused, who was tried by a special or general court-martial and is self aggrieved after the accused has exhausted all of the accused's rights of review under this part, shall be entitled to appeal the judgment or sentence of the special or general court-martial, as modified on review under this part before judicial review under this section, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, and within the time provided by the rules of court.

     (b)  The filing of an appeal pursuant to subsection (a) shall not of itself stay the execution of the judgment or sentence appealed from; provided that the appellate court may stay the same upon motion and upon conditions as it deems proper, notwithstanding any law to the contrary relating to the effective date or execution of sentences.

     (c)  In reviewing the judgment or sentence of a special or general court-martial, as modified on review before judicial review, the appellate court may take any of the actions, and exercise any of the powers specified in section 641-16, as the court deems appropriate in reviewing a judgment or sentence of a military court-martial, and the court shall follow as appropriate or applicable the standards and requirements in section 641-16.

     (d)  Upon the request of the accused, the state judge advocate shall appoint appellate defense counsel in accordance with section 124B-112, who is a member of the bar of the highest court of the State and who has been qualified as a judge advocate under section 124B-47, to represent the accused in the accused's appeal of the court-martial judgment or sentence.  If the accused wishes to be represented by civilian counsel rather than by appointed military counsel, the accused may do so at the accused's own expense. [L 2022, c 286, pt of §2]