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Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 47A— MILITARY COMMISSIONS · SUBCHAPTER VII— POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS · § 950c

§ 950c. Appellate referral; waiver or withdrawal of appeal

334 words·~2 min read·/usc/title-10/section-950c

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(a)Automatic Referral for Appellate Review.— Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States Court of Military Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary.
(b)Waiver of Right of Review.—
(1)Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Military Commission Review under section 950f of this title of the final decision of the military commission under this chapter.
(2)A waiver under paragraph
(1)shall be signed by both the accused and a defense counsel.
(3)A waiver under paragraph
(1)must be filed, if at all, within 10 days after notice of the action is served on the accused or on defense counsel under section 950b(c)(4) of this title. The convening authority, for good cause, may extend the period for such filing by not more than 30 days.
(c)Withdrawal of Appeal.— Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused may withdraw an appeal at any time.
(d)Effect of Waiver or Withdrawal.— A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 950f of this title.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2600.)
Connections2 cite this · traces to 2
5 references not yet in our index
  • Pub. L. 111–84, div. A, title XVIII, § 1802
  • 123 Stat. 2600
  • Pub. L. 109–366, § 3(a)(1)
  • 120 Stat. 2620
  • Pub. L. 111–84
Citation graph
cites case law
§ 950c
Appellate referral; waiver or withdrawal of appeal
U.S.C.×2
U.S.C.§ 950b
U.S.C.§ 950f
Pub. L.Pub. L. 111–84, div. A, title XVIII, § 1802
Stat.123 Stat. 2600
Pub. L.Pub. L. 109–366, § 3(a)(1)
Stat.120 Stat. 2620
Pub. L.Pub. L. 111–84
Cites 7Cited by 2 across 1 source
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