Effect of Refusal to Accept Guilty Plea

Court Martial Lawyers – Alexandra González-Waddington & Michael Waddington Attorneys at Law

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Plea(s) of not guilty entered on behalf of accused.

  1. No automatic recusal of military judge; however in a trial by military judge alone, refusal of the request for trial by military judge alone will normally be necessary when a plea is rejected or withdrawn after findings. RCM 910(h)(2)Discussion. United States v. Rhule , 53 M.J. 647 (A. Ct. Crim. App. 2000) (finding the Army preference is for the MJ to recuse himself)
  • Use of testimony gained from “busted” (unsuccessful) providence inquiry.
    1. RCM 910(e) allows for accused to be prosecuted for making false statements during a providence inquiry.
    2. M.R.E. 410(a) addresses the “Inadmissibility of Pleas, Plea Discussions, and Related Statements” made during the course of “any judicial inquiry” regarding a plea of guilty which is later withdrawn. M.R.E. 410(a) goes on to state, however, that such statement(s) are admissible “in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it.” See United States v. Doran , 564 F.2d 1176 (5th Cir. 1977), cert. denied , 435 U.S. 928 (1978). See also United States v. Mezzanato , 513 U.S. 196 (1995) (statements made during plea negotiations admissible where accused decided to plead not guilty and understood the nature of agreement).

Real Costs of a COURT MARTIAL Conviction and Discharge

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