U.S. v. Hardcastle, 53 M.J. 299

Trial Stages: Merits: Guilty Pleas

1. appellant’s pleas were improvident where he pleaded guilty relying on an incorrect belief that, under his pretrial agreement as expressly interpreted by the military judge, he would continue to receive $400 pay per month to go to his dependents when in fact appellant would receive no pay while being held past the expiration of his enlistment to serve his adjudged confinement

Trial Stages: Merits: Pretrial Agreements

1. an accused is entitled to the benefit of the bargain on which a guilty plea is based; where he does not receive the benefit of his bargain, his pleas may not be provident