Summary of changes
Article 61 — Waiver of right to appeal; withdrawal of appeal
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
6 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
61(a)
unchanged
Original text
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—
Current text
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—
61(a)(1)
unchanged
Original text
signed by the accused and by defense counsel; and
Current text
signed by the accused and by defense counsel; and
61(a)(2)
unchanged
Original text
attached to the record of trial.
Current text
attached to the record of trial.
61(b)
unchanged
Original text
WITHDRAWAL OF APPEAL.—
In a general or special court-martial, the accused may withdraw an appeal at any time.
Current text
WITHDRAWAL OF APPEAL.—
In a general or special court-martial, the accused may withdraw an appeal at any time.
61(c)
unchanged
Original text
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.
Current text
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.
61(d)
unchanged
Original text
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).
Current text
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).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.