U.S. v. Dawson, 51 M.J. 411

Trial Stages: Initial Review: Revocation of Suspension

1. under circumstances of this case, it was appropriate for an accused who sought some benefit from waiving a vacation proceeding to do so through communications and agreement directly with the convening authority; such negotiations do not require the approval of a military judge because, just like dismissal of pending charges, they involved matters within the prerogative of commanders and do not involve a modification of the original pretrial agreement
2. an accused may waive defects in a vacation proceeding and avoid a new vacation proceeding through communications and agreement directly with the convening authority; such an agreement is collateral to the original court-martial, but remains subject to appellate review of claims that an appellant misunderstood the agreement’s meaning and effect or that there was government overreaching

Trial Stages: Appeals: Scope of Review

1. an accused may waive defects in a vacation proceeding and avoid a new vacation proceeding through communications and agreement directly with the convening authority; such an agreement is collateral to the original court-martial, but remains subject to appellate review of claims that an appellant misunderstood the agreement’s meaning and effect or that there was government overreaching