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

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (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.—** Except as provided by [section 869(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section869/c/2&num=0&edition=prelim) (article 69(c)(2)), a waiver or withdrawal under this section bars review under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66).

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Source file: Laws/federal/codes/united-states-code/title-10/section-861-art-61-waiver-of-right-to-appeal-withdrawal-of-appeal--cece3e6809.md
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Source location: Title 10, Chapter 47, § 861; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 866 — Art. 66. Courts of Criminal Appeals

**(a) Courts of Criminal Appeals.—** (1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations. (2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 865 — Art. 65. Transmittal and review of records

**(a) Transmittal of Records.—** (1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General. (2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation. **(b) Cases for Direct Appeal.—** (1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward— (A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and (B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals. (2) **Cases eligible for direct appeal review.—** (A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused— (i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 865

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 869 — Art. 69. Review by Judge Advocate General

**(a) In General.—** Upon application by the accused or receipt of the record pursuant to [section 864(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864/c/3&num=0&edition=prelim) (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may— (1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or (2) with respect to a general or special court-martial, order such court-martial to be reviewed under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). **(b) Timing.—** (1) To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than— (A) for a summary court-martial, one year after the date of completion of review under [section 864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim) (article 64); or (B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under [section 865(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865/c&num=0&edition=prelim) (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judg

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 869

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 646 to 663 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 646, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to errors of law and to lesser included offense. See [section 859 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section859&num=0&edition=prelim), Armed Forces. Section 647, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on record. See [section 860 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim). Section 648, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for initial action on general court-martial records. See [section 861 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim). Section 649, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, provided for reconsideration and revision. See [section 862 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section862&num=0&edition=prelim). Section 650, act May 5, 1950, ch. 169, § 1, 64 Stat. 127, related to rehearings. See [section 863 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section863&num=0&edition=prelim). Section 651, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, related to approval by convening authority. See [section 864 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim). Section 652, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for disposition of records after review by convening authority. See [section 865 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865&num=0&edition=prelim). Section 653, act May 5, 1950, ch. 169, § 1, 64 Stat. 128, provided for review by

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 646 to 663

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 861 — Art. 61. Waiver of right to appeal; with-

Page 783 TITLE 10—ARMED FORCES § 862 (A) The Statement of Trial Results under section 860 of this title (article 60). (B) Any modifications of, or supplements to, the Statement of Trial Results by reason of— (i) any post-trial action by the convening authority; or (ii) any ruling, order, or other determina- tion of the military judge that affects a plea, a finding, or the sentence. (2) Under rules prescribed by the President, the judgment under paragraph (1) shall be— (A) provided to the accused and to any vic- tim of the offense; and (B) made available to the public. (b) SUMMARY COURT-MARTIAL JUDGMENT.—The findings and sentence of a summary court-mar- tial, as modified by any post-trial action by the convening authority under section 860b of this title (article 60b), constitutes the judgment of the court-martial and shall be recorded and dis- tributed under rules prescribed by the President. (Added Pub. L. 114–328, div. E, title LIX, § 5324, Dec. 23, 2016, 130 Stat. 2927.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title. § 861. Art. 61. Waiver of right to appeal; with- drawal of appeal (a) WAIVER OF RIGHT TO APPEAL.—After entry of judgment in a general or special court-mar- tial, under procedures prescribed by the Sec- retary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of this title (arti- cle 66). Such a waiver shall be— (1) signed by the accused and by defense counsel; and (2) attached to the record

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 861

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