CAAF Opinion Digest · one opinion, every topic
U.S. v. Sherman, 51 M.J. 73
Decided Jul 15, 1999 · No. 98-0489/NA · 1999 Term · Opinion (PDF)
Digested under 3 topics
Trial Stages: Merits: Pretrial Agreements
- where post-trial submissions from appellant, defense counsel, and trial counsel raise factual dispute about (1) whether there was a sub rosa agreement not to raise motions concerning unlawful command influence and illegal pretrial confinement, (2) whether appellant gave untruthful answers to trial judge, (3) whether defense counsel knew that appellant’s answers were untruthful, and (4) whether other matters suggesting unlawful command influence were correct, there were too many unresolved questions in the record for the court to affirm; case remanded for a fact-finding hearing on specified issues
Trial Stages: Post-Trial Hearings: DuBay / Factfinding Hearings
- where post-trial submissions from appellant, defense counsel, and trial counsel raise factual dispute about (1) whether there was a sub rosa agreement not to raise motions concerning unlawful command influence and illegal pretrial confinement, (2) whether appellant gave untruthful answers to trial judge, (3) whether defense counsel knew that appellant’s answers were untruthful, and (4) whether other matters suggesting unlawful command influence were correct, there were too many unresolved questions in the record for the court to affirm; case remanded for a fact-finding hearing on specified issues
Trial Stages: Appeals: Remedies › DuBay/Factfinding hearing
- where post-trial submissions from appellant, defense counsel, and trial counsel raise factual dispute about (1) whether there was a sub rosa agreement not to raise motions concerning unlawful command influence and illegal pretrial confinement, (2) whether appellant gave untruthful answers to trial judge, (3) whether defense counsel knew that appellant’s answers were untruthful, and (4) whether other matters suggesting unlawful command influence were correct, there were too many unresolved questions in the record for the court to affirm; case remanded for a fact-finding hearing on specified issues
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