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

(a)

Waiver of Right to Appeal .—

section 866 of this titleAfter 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 (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 .—

section 869(c)(2) of this title section 866 of this titleExcept as provided by (article 69(c)(2)), a waiver or withdrawal under this section bars review under (article 66).

Aug. 10, 1956, ch. 1041 70A Stat. 58 Pub. L. 98–209, § 5(b)(1)Dec. 6, 198397 Stat. 1397 Pub. L. 114–328, div. E, title LIX, § 5325Dec. 23, 2016130 Stat. 2928 Pub. L. 117–263, div. A, title V, § 544(a)Dec. 23, 2022136 Stat. 2582(, ; , , ; , , ; , , .)

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”.

Editorial Notes

Amendments

Pub. L. 117–263 section 869(c)(2) of this title2022—Subsec. (d). substituted “Except as provided by (article 69(c)(2)), a waiver” for “A waiver”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal.

Pub. L. 98–2091983— 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. A, title V, § 544(d)Dec. 23, 2022136 Stat. 2583

“The amendments made by this section [amending this section and sections 866 and 869 of this title] shall not apply to—

“(1)

Dec. 23, 2022section 866 of title 10 any matter that was submitted before the date of the enactment of this Act [] to a Court of Criminal Appeals established under , United States Code (article 66 of the Uniform Code of Military Justice); or

“(2)

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).”

, , , provided that:

Effective Date of 2016 Amendment

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

Effective Date of 1983 Amendment

Pub. L. 98–209Dec. 6, 1983Pub. L. 98–209 section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , 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 , set out as a note under .