10 USC § 861 - Art. 61. Waiver or withdrawal of appeal | Title 10 - Armed Forces | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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 waiving the right of the accused 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 section 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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(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 waiving the right of the accused 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 section 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)).

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 5(b)(1),Dec. 6, 1983, 97 Stat. 1397.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
861	50:648.	May 5, 1950, ch. 169, § 1 (Art. 61), 64 Stat. 127.

The word “each” is substituted for the word “every”.

Amendments

1983—Pub. L. 98–209amended section generally, substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text, substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–209effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) ofPub. L. 98–209, set out as a note under section 801 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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32 CFR - Title 32—National Defense

32 CFR Part 143 - DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE BARGAINING

10 USC § 861 - Art. 61. Waiver or withdrawal of appeal

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