(a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Minnesota Statutes 192A.351

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Code: means this chapter;

    (4) "Commanding officer" means a commissioned officer who is in command of any unit;

    (5) "Commissioned officer" includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

(b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.