(a) General rule.--Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common pleas. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.
(b) Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by the Superior Court. Such a withdrawal shall be signed by both the accused and his defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by the Superior Court at any time in accordance with appellate procedures as provided by law.
Cross References. Section 5910 is referred to in section 5912 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Posttrial Procedure and Review of Courts-martial
Section 5901 - Error of law; lesser included offense
Section 5902 - Action by convening authority
Section 5903 - Action on general court-martial records
Section 5904 - Reconsideration and revision
Section 5906 - Approval by convening authority
Section 5907 - Disposition of records after review by convening authority
Section 5908 - Review by State Judge Advocate and Adjutant General
Section 5909 - Review by a board of review
Section 5910 - Review by Superior Court
Section 5911 - Appellate counsel
Section 5912 - Execution of sentence; suspension of sentence
Section 5913 - Vacation of suspension
Section 5914 - Petition for new trial
Section 5915 - Remission and suspension
Section 5917 - Finality of proceedings, findings and sentences