If the accused requests members be informed of guilty pleas; or
- If guilty plea is to a lesser included offense and the trial counsel intends to prove the greater offense. RCM 913(a), Discussion.
United States v. Irons
, 34 M.J. 807 (N.M.C.M.R. 1992) (military judge committed error in not cleaning up flyer, which reflected greater offense to which the accused pled not guilty and which the government did not intend to pursue, was not waived by accused’s failure to object; sentence set aside).
- In cases of multiple offenses, however, the military judge should instruct the panel that it may not use the plea of guilty to one offense to establish the elements of a separate offense. RCM 920(e) Discussion.
Cf. United States v. Hamilton
, 36 M.J. 723 (A.C.M.R. 1993).