U.S. v. Stoffer, 53 M.J. 26

Trial Stages: Initial Review: Preparation of Record of Trial

1. although record of trial was missing the charge sheet, convening order, post-trial recommendation, three defense exhibits, and three appellate exhibits, appellant was not prejudiced as to the approved findings because: (1) the record establishes proper preferral and referral of the charge; (2) the record showed service of the charge upon appellant after referral; (3) after the appellant’s guilty plea, the military judge conducted a thorough providence inquiry; and (4) the pretrial agreement was admitted, and a meticulous inquiry by the military judge ensured appellant understood its ramifications
2. where record of trial was missing the charge sheet, convening order, post-trial recommendation, three defense exhibits, and three appellate exhibits, and where the government failed to show that these omissions were non-prejudicial or harmless error as to sentence, the appellant could not receive a sentence that included a bad-conduct discharge; these were substantial omissions, and the Court would not presume what was in the missing defense sentencing exhibits which were not further identified after they were introduced without objection

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

1. whether an omission from a record of trial is substantial is a question of law which we review de novo