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

in plain englishAI-generated · not legal advice

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.

(a) Waiver. After judgment in a general or special court-martial, the accused may waive appellate review under procedures set by the Secretary concerned, in a case reviewable under section 866. The waiver must be signed by the accused and defense counsel and attached to the trial record. (b) Withdrawal. The accused may withdraw an appeal at any time in a general or special court-martial. (c) Death-penalty exception. An accused may not waive or withdraw an appeal from a judgment that includes a death sentence. (d) Bar. Except as section 869(c)(2) provides, a waiver or withdrawal under this section prevents review under section 866.

the actual law source: uscode.house.gov ↗public domain

(a)Waiver of Right to Appeal.—

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—

(1)

signed by the accused and by defense counsel; and

(2)

attached to the record of trial.

(b)Withdrawal of Appeal.—

In a general or special court-martial, the accused may withdraw an appeal at any time.

(c)Death Penalty Case Exception.—

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.

(d)Waiver or Withdrawal as Bar.—

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.)

history & why it existsrecord from the source credit

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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