U.S. v. McFadyen, 51 M.J. 289

Military Justice Personnel: Military Judge: Duties and Responsibilities

1. for all cases tried 90 days after August 16, 1999, where a pretrial agreement contains an Article 13, UCMJ, waiver, the military judge should inquire into the circumstances of the pretrial confinement and the voluntariness of the waiver, and ensure that the accused understands the remedy to which he would be entitled if he made a successful motion

Trial Stages: Merits: Pretrial Agreements

1. provision of pretrial agreement waiving right to present a motion for additional sentence credit because of unlawful pretrial punishment is not prohibited by RCM 705(c)(1)(B) and is not so sufficiently different from other rights which may be waived pursuant to a pretrial agreement as to warrant determination that it cannot be waived
2. for all cases tried 90 days after August 16, 1999, where a pretrial agreement contains an Article 13, UCMJ, waiver, the military judge should inquire into the circumstances of the pretrial confinement and the voluntariness of the waiver, and ensure that the accused understands the remedy to which he would be entitled if he made a successful motion