10 U.S.C. § 950c | Appellate referral; waiver or withdrawal of appeal

(a)

Automatic Referral for Appellate Review .—

Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States Court of Military Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary.

(b)

Waiver of Right of Review .—

(1)

section 950b of this title section 950f of this title Except in a case in which the sentence as approved under extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Military Commission Review under of the final decision of the military commission under this chapter.

(2)

A waiver under paragraph (1) shall be signed by both the accused and a defense counsel.

(3)

section 950b(c)(4) of this title A waiver under paragraph (1) must be filed, if at all, within 10 days after notice of the action is served on the accused or on defense counsel under . The convening authority, for good cause, may extend the period for such filing by not more than 30 days.

(c)

Withdrawal of Appeal .—

section 950b of this titleExcept in a case in which the sentence as approved under extends to death, the accused may withdraw an appeal at any time.

(d)

Effect of Waiver or Withdrawal .—

section 950f of this titleA waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under .

Pub. L. 111–84, div. A, title XVIII, § 1802Oct. 28, 2009123 Stat. 2600(Added , , .)

Editorial Notes

Prior Provisions

Pub. L. 109–366, § 3(a)(1)Oct. 17, 2006120 Stat. 2620 Pub. L. 111–84A prior section 950c, added , , , related to appellate referral and waiver or withdrawal of appeal, prior to the general amendment of this chapter by .