10 U.S.C. § 861 — Art. 61. Waiver of right to appeal; withdrawal of appeal
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 160 words · no verdicts yet
After judgment, an accused may waive appellate review or withdraw an appeal in a general or special court-martial, subject to the stated exception. Neither action is allowed for a judgment imposing death.
After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned*, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (article 66). Such a waiver shall be—
signed by the accused and by defense counsel; and
attached to the record of trial.
In a general or special court-martial, the accused may withdraw an appeal at any time.
Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.
Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(b)(1), Dec. 6, 1983, 97 Stat. 1397; Pub. L. 114–328, div. E, title LIX, § 5325, Dec. 23, 2016, 130 Stat. 2928; Pub. L. 117–263, div. A, title V, § 544(a), Dec. 23, 2022, 136 Stat. 2582.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1983Amended · Pub. L. 98-209 · 97 Stat. 1397
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2928
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2582
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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