UCMJ – United States Code of Military Justice

861. WAIVER OR WITHDRAWAL OF APPEAL

09. Post-Trial Procedure and Review of Courts Martial

(a) In each case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waving the right of the accuse d to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under sections 860(c) of this title (article 60(c)) is served on the accused or on defense counsel. the convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than 30 days.

(b) Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may withdraw an appeal at any time.

(c) A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 866 or 869(a) of this title (article 66 or 69(a)).


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