represe nted t h e accused at the co u rt-marti al, and
s h a l l a d v i s e t h e a c c u s e d c o n c e r n i n g w h e t h e r t owaive appellate review.(C)
If counsel who repre-sented the accused at the court-martial has been ex-cused under R.C.M. 505(d)(2)(B), substitute defensecounsel shall be detailed to advise the accused con-cerning waiver of appellate rights.(3)
Appellate defense counsel.
If the accused isrepresented by appellate defense counsel, the ac-cused shall have the right to consult with such coun-sel concerning whether to withdraw the appeal.(B)
Associate defense counsel.
If the accused isrepresented by appellate defense counsel, and suchcounsel is not immediately available to consult withthe accused, because of physical separation or otherreasons, associate defense counsel shall be detailedto the accused, upon request by the accused. Suchcounsel shall communicate with appellate defensecounsel and shall ad vise th e accused wheth er to
withdraw the appeal.(C)
If appellate defense counselhas not been assigned to the accused, defense coun-sel shall be detailed for the accused. Such counselshall advise the accused concerning whether to with-draw the appeal. If practicable, counsel who repre-s en te d t h e a c cu se d a t t h e c o u r t - m a r t i a l s h al l be
Whether or not the accusedwas represented by civilian counsel at the court-martial, the accused may consult with civilian coun-sel, at no expense to the United States, concerningwhether to waive or withdraw appellate review.(5)
Recor d o f t r ial.
Any de f ense counsel with
whom the accused consults under this rule shall begiven reasonable opportunity to examine the recordof trial.
Ordinarily counsel may use the accused’s copy of the record. If this is not possible, as when the accused and counsel are physi-c a l l y s e p a r a t e d , a n o t h e r c o p y s h o u l d b e m a d e a v a i l a b l e t ocounsel.
The right to consult with counsel, asused in this rule, does not require communication inthe presence of one another.(c )
C o m p ulsio n , coe r cion , i n d u c em ent p r oh i bit ed .
No person may compel, coerce, or induce an ac-cused by force, promises of clemency, or otherwiseto waive or withdraw appellate review.(d)
F or m o f waiver or wit hd r awal.
A waiver or
withdrawal of appellate review shall:(1) Be written;(2) State that the accused and defense counselhave discussed the accused’s right to appellate re-view and the effect of waiver or withdrawal of ap-p e l l a t e re v i e w a n d t h a t t h e a c c u s ed un d e r st an d s
these matters;(3) State that the waiver or withdrawal is submit-ted voluntarily; and(4) Be s igned by the a ccused and by def ense
Appendix 19 (DD Form 2330) or Appendix 20 (DD Form2331) for samples of forms.
To whom submitted.
A waiver of appellate review shall befiled with the convening authority. The waiver shallbe attached to the record of trial.(2)
A withdrawal of appellate reviewmay be filed with the authority exercising generalc o u r t - m a r t i a l j u r i s d i c t i o n o v e r t h e a c c u s e d , w h oshall promptly forward it to the Judge AdvocateG e n e r a l , o r d i r e c t l y w i t h t h e J u d g e A d v o c a t eGeneral.(f)
The accused may sign a waiver of appellate review at any time after the sentence isannounced. The waiver must be filed within 10 daysafter the accused or defense counsel is served with aco py of the a ction und er R.C.M. 1107(h). Upon
written application of the accused, the conveningauthority may extend this period for good cause, fornot more than 30 days.(2)
The accused may file withdrawalfrom appellate review at any time before such re-view is completed.(g)
Effect of waiver or withdrawal; substantial com- pliance required.
A waiver or withdrawal of appel-late review under this rule shall bar review by theJudge Advocate General under R.C.M. 1201(b)(1)and by the Court of Criminal Appeals. Once submit-