Art. 61. Waiver of right to appeal; withdrawal of appeal

1. Law
2. USC 10
3. Armed Forces
4. General Military Law
5. PERSONNEL
6. UNIFORM CODE OF MILITARY JUSTICE
7. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
8. Art. 61. Waiver of right to appeal; withdrawal of appeal

§861. Art. 61. Waiver of right to appeal; withdrawal of appeal

(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).

(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 .)

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

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

1983-Pub. L. 98–209 amended 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 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–209 effective 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) of Pub. L. 98–209, set out as a note under section 801 of this title.

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