Subchapter IX · Post-Trial Procedure and Review of Courts-Martial

Article 61. Waiver of right to appeal; withdrawal of appeal

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (9)
(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.— Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver or withdrawal under this section bars review under section 866 of this title (article 66).
Cross-referencesCited by 9Cites 3
Cited by

Provisions elsewhere in the Manual whose text cites Article 61. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 1116(b)(1)(C) — Transmittal of records of trial for general and special courts-martial
…of Criminal Appeals of any general court-martial in which the judgment includes a sentence of death. See Article 61, R.C.M. 1115. See R.C.M. 1114 regarding the procedure for preparing and obtaining certified transcripts of…
R.C.M. 1116(b)(2) — Transmittal of records of trial for general and special courts-martial
…for direct appeal by the accused. Except when the accused has waived or withdrawn the right to appeal under Article 61, if a general and special court-martial is not subject to automatic review under Article 66(b)(3) but is…
R.C.M. 1116(d) — Transmittal of records of trial for general and special courts-martial
…special court-martial in which the accused waives the right to appellate review or withdraws an appeal under Article 61, or fails to file a timely appeal in a case eligible for review by the Court of Criminal Appeals under…
R.C.M. 1202(b)(2)(A) — Appellate counsel
…counsel shall be detailed to review the case, unless the accused has waived the right to appeal under Article 61 or submits a written statement declining representation. Upon request, the detailed appellate defense…
See Article 65(b) and Article 61.
Uniform Code of Military Justice
Art. 65(b)(2)(B) — Transmittal and review of records
…Subparagraph (A) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
Art. 65(c)(2) — Transmittal and review of records
…Paragraph (1) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
Art. 65(d)(3)(A)(i) — Transmittal and review of records
the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); or
Art. 69(b)(1)(B) — Review by Judge Advocate General
…unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the…
Article 61 cites

Provisions named in the text of Article 61. Where the cited provision is on this site, the link opens it.