§ 861. Art. 61. Waiver of right to appeal; withdrawal of appeal

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 58 · 70A Stat. 58

   Enacted · 10 U.S.C. § 861

   Aug. 10, 1956, ch. 1041, 70A Stat. 58

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 58

2. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 5(b)(1) · 97 Stat. 1393

   1. Amended · 10 U.S.C. § 861

      Pub. L. 98–209 amended section generally

   2. Substituted · 10 U.S.C. § 861

      Pub. L. 98–209 substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text

   3. Substituted · 10 U.S.C. § 861

      Pub. L. 98–209 substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 861 (article 61) is amended to read as follows: 10 USC 861. “§ 861. Art. 61. Waiver or withdrawal of appeal “(a) In each case subject to appellate review under section Post, p. 1402. Ante, p. 1395. 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 Extension period. 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 Ante, p. 1395. 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 Post, p. 1402. section 866 or 869(a) of this title (article 66 or 69(a)).”.

3. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LIX § 5325 · 130 Stat. 2000

   Amended · 10 U.S.C. § 861

   Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal.

   Enacted provision · exact public law section
   SEC. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF APPEAL.   Section 861 of title 10, United States Code (article 61 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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).” .

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title V § 544(a) · 136 Stat. 2395

   Substituted · 10 U.S.C. § 861(d)

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

   Source evidence

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

   Enacted provision · exact public law section
   (a) Waiver of Right to Appeal; Withdrawal of Appeal.— Section 861(d) of title 10, United States Code (article 61(d) of the Uniform Code of Military Justice), is amended by striking “A waiver” and inserting “Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver”.

   Effective date note
   Pub. L. 117–263, div. A, title V, § 544(d), Dec. 23, 2022, 136 Stat. 2583, provided that: “The amendments made by this section [amending this section and sections 866 and 869 of this title] shall not apply to—

5 of 6 references resolved to an enrolled provision · 1 partial