10 U.S.C. § 861 - Art. 61. Waiver or withdrawal of appeal

• Cite as: 10 U.S.C. § 861

(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.-A waiver or withdrawal under this section bars review under section 866 of this title (article 66).

Cite as 10 U.S.C. § 861

Source: 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, §53255325,, 130 Stat. 2928.

Notes from the Office of Law Revision Counsel

current through 10/14/2021

The word "each" is substituted for the word "every".

AMENDMENTS

2016- Pub. L. 114-328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal.