Ohio § 5924.61

§ 5924.61.

(A) An accused may appeal a finding of guilty or the sentence of a court-martial to the

court of military appeals.  The court shall hear an appeal if the convening authority or other authorized person

approved a sentence of dismissal of a commissioned officer, dishonorable or bad conduct

discharge, or confinement for one year or more and if the appeal was timely filed.  The court may hear any other appeals that the court, in its sole discretion, allows. (B) An accused who is found guilty may appeal under this section by filing a notice of

appeal with the convening authority that ordered the court-martial within thirty calendar

days after the convening authority serves a copy of the approved findings and sentence

on the trial attorney of record for the accused or, if the accused waived the right

to counsel, on the accused in accordance with regulations prescribed by the adjutant

general.  The notice of appeal shall state the name of the party taking the appeal, the findings,

sentence, or parts of the findings or sentence appealed from, and the grounds for

the appeal.  Failure to file a notice of appeal in a timely manner constitutes a waiver of the

right to appeal. (C) Upon receiving a notice of appeal, the convening authority shall serve a copy of

the notice on the trial counsel and on the trial attorney of record for any codefendant

or, if a codefendant waived the right to counsel, on the codefendant in accordance

with regulations prescribed by the adjutant general.  The convening authority shall note on each copy served the date on which the notice

of appeal was filed.  Failure of the convening authority to serve a copy of the notice of appeal does

not affect the validity of the appeal.  Service in accordance with division (C) of this section is sufficient notwithstanding

the death of a party or a party's counsel.  The convening authority shall note on its docket the names of the parties served,

the dates on which they were served, and the method of service. (D) An accused may waive appellate review by filing with the convening authority, within

ten days after the action under section 5924.60 of the Revised Code is served on the accused or on defense counsel, a written waiver signed by the accused

and by defense counsel.  The convening authority or other person taking such action, for good cause, may

extend the period for filing by not more than thirty days. (E) An accused may voluntarily withdraw an appeal at any time by filing a notice of withdrawal

with the convening authority. (F) A waiver of the right to appellate review or the withdrawal of an appeal bars any

further review under this section or section 5924.69 of the Revised Code .