48-2917. (KCMJ Art. 61) Waiver or withdrawal of appeal. (a) In each case subject to appellate review under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel 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, may extend 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 an appeal under this section bars review under K.S.A. 48-2922 or subsection (a) of K.S.A. 48-2924.
History: L. 1988, ch. 191, ยง 39; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 29 - Code Of Military Justice; Review Of Courts-martial
48-2915 (KCMJ Art. 59) Error of law; lesser included offense.
48-2916 (KCMJ Art. 60) Action by the convening authority.
48-2917 (KCMJ Art. 61) Waiver or withdrawal of appeal.
48-2918 (KCMJ Art. 62) Appeal by the state.
48-2919 (KCMJ Art. 63) Rehearings.
48-2920 (KCMJ Art. 64) Review by a judge advocate.
48-2921 (KCMJ Art. 65) Disposition of records.
48-2922 (KCMJ Art. 66) Review by court of military review.
48-2923 (KCMJ Art. 67) Review by Kansas court of appeals.
48-2924 (KCMJ Art. 69) Review in the office of the judge advocate general.
48-2925 (KCMJ Art. 70) Appellate counsel.
48-2926 (KCMJ Art. 71) Execution of sentence; suspension of sentence.
48-2927 (KCMJ Art. 72) Vacation of suspension.
48-2928 (KCMJ Art. 73) Petition for new trial.
48-2929 (KCMJ Art. 74) Remission and suspension.
48-2930 (KCMJ Art. 75) Restoration.
48-2931 (KCMJ Art. 76) Finality of proceedings, findings and sentences.