2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 47 - Uniform Code of Military Justice
Subchapter IX - Post-Trial Procedure and Review of Courts-Martial
Sec. 861 - Art. 61. Waiver of right to appeal; withdrawal of appeal
10 U.S.C. § 861 (2018) | ||||||
§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). |
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(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.) |
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The word "each" is substituted for the word "every". AMENDMENTS2016—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 AMENDMENTAmendment 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 AMENDMENTAmendment 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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United States Code, 2018 Edition, Title 10 - ARMED FORCES | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
Y 1.2/5: | ||||||
Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL Sec. 861 - Art. 61. Waiver of right to appeal; withdrawal of appeal |
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section 861 | ||||||
2018 | ||||||
January 14, 2019 | ||||||
Yes | ||||||
standard | ||||||
64 Stat. 127 97 Stat. 1397 130 Stat. 2928 |
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Public Law 98-209, Public Law 114-328 |