Page:United States Statutes at Large Volume 97.djvu/1430

 97 STAT. 1398 PUBLIC LAW 98-209—DEC. 6, 1983 Ante, p. 1395. Post, p. 1402. 10 USC 862. Written notice. Submittal to Court of Military Review. 10 USC 863. such action, for good cause, may extend the period for such filing by not more than 30 days. "(b) Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, 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 section 866 or 869(a) of this title (article 66 or 69(a)).". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "861. 61. Waiver or withdrawal of appeal.". (c)(1) Section 862 (article 62) is amended to read as follows: "§ 862. Art. 62. Appeal by the United States "(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specifi- cation or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the United States may not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification. "(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding, "(3) An appeal under this section shall be diligently prosecuted by appellate Government counsel. "(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military Review may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)). "(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delav with the knowledge that it was totally frivolous and without merit.'. (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "862. 62. Appeal by the United States.". (d) Section 863 (article 63) is amended— (1) by striking out subsection (a); and (2) in subsection (b)— (A) by striking out "(b)"; (B) by inserting "under this chapter" after "Each rehear- ing"; and

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