Federal · Title 10 — Armed Forces

10 U.S.C. § 861: Art. 61. Waiver of right to appeal; withdrawal of appeal

Civil

What this law says, in plain English

This statute governs military court procedures allowing accused persons to waive or withdraw appeals in courts-martial, except in death sentence cases, and bars subsequent appellate review when such waivers or withdrawals occur.

Read the full statutory text
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). any matter that was submitted before the date of the enactment of this Act [ Dec. 23, 2022 ] to a Court of Criminal Appeals established under section 866 of title 10 , United States Code (article 66 of the Uniform Code of Military Justice); or any matter that was submitted before the date of the enactment of this Act to a Judge Advocate General under section 869 of such title (article 69 of the Uniform Code of Military Justice).”

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