U.S. v. Bickley, 50 M.J. 93

Core Criminal Law Subjects: Defenses: Mistake of Fact

1. accused’s mention during sentencing that he thought he read a training manual which gave him until 0900 to turn a personal weapon into arms room raised only a mere possibility of a mistake of law which was insufficient to overturn guilty plea to violating lawful general regulation

Trial Stages: Merits: Guilty Pleas

1. the factual predicate for a plea is adequate if the accused himself reveals facts which objectively support the plea
2. guilty plea will not be rejected unless there is a substantial basis in fact and law for questioning the plea; mere possibility of a defense will not support overturning a guilty plea
3. accused’s mention during sentencing that he thought he read a training manual which gave him until 0900 to turn a personal weapon into arms room raised only a mere possibility of a mistake of law which was insufficient to overturn guilty plea to violating lawful general regulation

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

1. guilty plea will not be rejected on appeal unless there is a substantial basis in fact and law for questioning the plea; mere possibility of a defense will not support overturning a guilty plea
2. where post-trial efforts to undermine guilty plea contradict accused’s admissions on the record, and where matter inconsistent with plea was not fully developed on the record as a result of the guilty plea, speculation on such post-trial matters is inappropriate on appeal