
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC861]

 
                         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 or withdrawal of appeal

    (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)).

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

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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861...................................  50:648.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              6
1), 64 Stat. 127.
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    The word ``each'' is substituted for the word ``every''.


                               Amendments

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 865, 866, 869, 871 of this 
title.
