§950c Appellate Referral; Waiver or Withdrawal of Appeal

Summary

When a military commission finds someone guilty and the convening authority approves that decision, the convening authority must send the case to the United States Court of Military Commission Review. The referral must follow rules made by the Secretary. Unless the approved sentence is death, the accused can give up the right to appeal to that court by filing a written waiver signed by the accused and a defense lawyer. The waiver must be filed within 10 days after notice, but the convening authority can extend that time by up to 30 days for good cause. Also, except in death cases, the accused may withdraw an appeal at any time. If the accused waives or withdraws the appeal, the court cannot review the case.