Page 349 - Trump Executive Orders 2017-2021

10052 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(f) Effect ofwaiver or withdrawal; substantial compliance required
(1) In general. A valid waiver or withdrawal of appellate review under this rule shall bar
review by the Court of Criminal Appeals. Once submitted, a waiver or withdrawal in compliance
with this rule may not be revoked.
(2) Waiver. If the accused files a waiver of appellate review in accordance with this rule, the
record of trial and attachments shall be forwarded for review by a judge advocate under R.C.M.
1201.
(3) Withdrawal. Action on a withdrawal of appellate review shall be carried out in accordance
with procedures established by the Judge Advocate General, or if the case is pending before a
Court of Criminal Appeals, in accordance with the rules of such court. If the appeal is
withdrawn, the record of trial and attachments shall be forwarded for review in accordance with
R.C.M. 1201.
(4) Substantial compliance required A purported waiver or withdrawal of an appeal which
does not substantially comply with this rule shall have no effect.

Rule 1116. Transmittal of records of trial for general and special courts-mat·tial
(a) Ca.<,·es.fonvarded to the Judge Advocate General. In all general and special courts-martial in
which the judgment includes a finding of guilty, the certified record of trial and attachments
required under R.C.M. lll2(f) shall be sent directly to the Judge Advocate General concerned.
Forwarding an electronic copy ofthe certified record of trial and attachments satisfies the
requirements under this rule. The records of trial in general and special courts-martial without a
finding of guilty shall be disposed of in accordance with the regulations of the Secretary
concerned.
(b) Transmittal (lrecord~'for cases eligible for appellate review by a Court (!{Criminal
Appeals.
(1) Automatic review. Except when the accused has waived or withdrawn the right to
appellate review, if the court-martial judgment includes a sentence of death, dismissal of a
commissioned officer, cadet, or midshipman, a dishonorable or bad-conduct discharge, or
confinement for 2 years or more, the Judge Advocate General shall forward the certified record
of trial and attachments required under R.C.M. 1112(f) to the Court of Criminal Appeals for
automatic review under Article 66(b)(3).
(A) A copy of the record of trial and attachments shall be forwarded to appellate defense
counsel in accordance with rules prescribed by the Secretary concerned. If the record forwarded
does not include a written transcript of the proceedings, the Government shall provide appellate
defense counsel with appropriate equipment for playback of the recording and with either-
(i) the means to transform the recording into a text fonnat through voice recognition
software or similar means; or
(ii) a transcription of the record in either printed or digital format.
(B) Upon written request of the accused, a copy of the record and attachments shall be
forwarded to a civilian counsel provided by the accused.
(C) Copies of the record provided under subparagraph (b)(l)(A) of this rule shall not
include sealed exhibits, recordings or transcriptions of closed sessions, or classified matters.
(2) Cases eligible for direct appeal by the accused Except when the accused has waived or
withdrawn the right to appeal under Article 61, if a general and special court-martial is not
subject to automatic review under Article 66(b )(3) but is eligible for review under Article
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66(b)(l), the Judge Advocate General shall provide notice to the accused of the right to file an

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