CAAF Opinion Digest · one opinion, every topic
U.S. v. Nelson, 51 M.J. 399
Decided Sep 1, 1999 · No. 98-1109/AR · 1999 Term · Opinion (PDF)
Digested under 2 topics
Trial Stages: Merits: Guilty Pleas
- appellant failed to preserve issue of whether any statements made during his providence inquiry could be considered as to unrelated charges where he did not plead guilty and, thus: (1) there is no record from which to determine whether the government would have introduced the evidence; (2) there is no record of what the evidence would have been; and, (3), assuming a violation of appellant’s rights, there is no record of how it would have impacted on appellant
Trial Stages: Appeals: Preservation of Error / Plain Error
- appellant failed to preserve issue of whether any statements made during his providence inquiry could be considered as to unrelated charges where he did not plead guilty and, thus: (1) there is no record from which to determine whether the government would have introduced the evidence; (2) there is no record of what the evidence would have been; and, (3), assuming a violation of appellant’s rights, there is no record of how it would have impacted on appellant
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