48-2917. (KCMJ Art. 61) Waiver or withdrawal of appeal. - Kansas Statutes

48-2917

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL

      48-2917.   (KCMJ Art. 61) Waiver or withdrawal of appeal.(a) In each case subject to appellate review under K.S.A. 48-2922 orsubsection (a) of K.S.A. 48-2924, the accused may file with theconvening authority a statement expressly waiving the right of the accused tosuch review. Such a waiver shall be signed by both the accused and by defensecounsel and must be filed within 10 days after the action under subsection (a)of K.S.A. 48-2916 is served on the accused or on defense counsel.The convening authority or other person taking such action, for good cause, mayextend the period for such filing by not more than 30 days.

      (b)   The accused may withdraw an appeal at any time.

      (c)   A waiver of the right to appellate review or the withdrawal of anappeal under this section bars review under K.S.A. 48-2922 orsubsection (a) of K.S.A. 48-2924.

      History:   L. 1988, ch. 191, § 39; July 1.