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Title 10 — Armed ForcesRelease 119-73not60

§950c Appellate Referral; Waiver or Withdrawal of Appeal

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter VII— POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS › § 950c

Last updated Apr 3, 2026|Official source

Summary

When a military commission finds someone guilty and the official who approved that decision agrees, that official must send the case to the United States Court of Military Commission Review under the Secretary’s rules. Unless the approved sentence is death, the accused can give up the right to appeal to that Court. Any waiver must be signed by the accused and a defense lawyer and filed within 10 days after notice. The convening official may extend that deadline up to 30 more days for good cause. Also, unless the sentence is death, the accused may withdraw an appeal at any time. A valid waiver or a withdrawal stops the Court from reviewing the case.

Full Legal Text

Title 10, §950c

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 950c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2620, related to appellate referral and waiver or withdrawal of appeal, prior to the general amendment of this chapter by Pub. L. 111–84.

Reference

Citations & Metadata

Citation

10 U.S.C. § 950c

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60