U.S. v. Acevedo, 50 M.J. 169

First Principles: Constitutional Matters: Due Process

1. interpretation of a pretrial agreement is a question of law to be reviewed de novo, generally applying basic principles of contract law except, however, where those principles are outweighed by the Constitution’s Due Process Clause protections for an accused

Trial Stages: Merits: Pretrial Agreements

1. interpretation of a pretrial agreement is a question of law to be reviewed de novo, generally applying basic principles of contract law except, however, where those principles are outweighed by the Constitution’s Due Process Clause protections for an accused
2. where terms of pretrial agreement are unambiguous, intent of the parties is discerned from the four corners of the document; when the terms are ambiguous, extrinsic evidence is admissible to determine the meaning of an ambiguous term
3. provision of pretrial agreement, providing that punitive discharge could be approved as adjudged and further providing that a dishonorable discharge would be suspended, did not require suspension of adjudged/approved bad-conduct discharge, and there was no support on the record for appellant’s claim that agreement was ambiguous
4. where judge’s interpretation of a pretrial agreement does not comport with that of the accused, defense counsel has a duty to reveal that discrepancy in open court
5. pretrial agreement providing that both a suspended dishonorable discharge and unsuspended bad-conduct discharge were permissible punishments did not create situation in which one discharge would be considered less serious and thus preclude approval of the other

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. as a general rule regarding appellate practice, an evenly divided vote on a question of law results in affirmance of a lower court’s decision; thus, evenly divided vote on interpretation of pretrial agreement, a matter of law, resulted in affirmance of the adjudged and approved sentence by the Court of Criminal Appeals

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. as a general rule regarding appellate practice, an evenly divided vote on a question of law results in affirmance of a lower court’s decision

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. interpretation of a pretrial agreement is a question of law to be reviewed de novo, generally applying basic principles of contract law except, however, where those principles are outweighed by the Constitution’s Due Process Clause protections for an accused