U.S. v. Davis, 50 M.J. 426

Trial Stages: Merits: Pretrial Agreements

1. a fundamental principle underlying jurisprudence on pretrial agreements is that the agreement cannot transform the trial into an empty ritual; this principle and numerous court decisions have been incorporated into RCM 705(c)(1)(B) prohibiting enforcement of pretrial agreement terms or conditions which deprive an accused of certain enumerated rights

Trial Stages: Merits: Confessional Stipulations

1. a confessional stipulation will be rejected when inquiry reveals the existence of an agreement not to raise any defenses or motions; such an agreement defeats the purposes of Article 45(a), UCMJ, and would allow the government to avoid Congressional enactment while reaping the benefits of the pretrial agreement
2. a confessional stipulation entered as part of a pretrial agreement which promised not to call witnesses or present evidence on the accused’s behalf during the case on the merits violates the prohibitions of United States v. Bertelson, 3 MJ 314 (CMA 1977)
3. (1999) (even though confessional stipulation entered as part of a pretrial agreement which promised not to call witnesses or present evidence on the accused’s behalf during the case on the merits violates the prohibitions of United States v. Bertelson, 3 MJ 314 (CMA 1977), the appellant was not denied due process where the military judge conducted all the inquiries and secured all the responses required by Article 45(a), UCMJ, and Rule for Courts-Martial 910(a))

Trial Stages: Appeals: Remedies › Rehearing

1. although the remedy for an illegal pretrial agreement that violated the prohibitions of United States v. Bertelson, 3 MJ 314 (CMA 1977), would be to permit this appellant to present evidence at a rehearing, such relief was not warranted where appellant proffered no evidence that was precluded by the pretrial agreement and no evidence of government overreaching