U.S. v. Kulathungam, 54 M.J. 386

Trial Stages: Post-Trial Hearings: Authority for

1. where there was no doubt among any of the parties at trial that appellant had committed the charged offenses and had pled guilty in order to benefit from a pretrial agreement which again listed each of the offenses to which he was pleading guilty, the military judge could direct a post-trial session to correct his failure to announce findings based upon appellant’s guilty pleas

Trial Stages: Initial Review: Preparation of Record of Trial

1. it is inappropriate for a trial counsel to add to the record of trial things that were not said or done at the court-martial; however, such misconduct does not require reversal when there is no impact on the pleas or sentence
2. trial counsel, responsible for preparation of the record of trial, who discovers that the military judge did not announce findings based upon appellant’s guilty pleas, should call the matter to the attention of the military judge or seek advice from the military judge or a more experienced attorney, rather than unilaterally inserting findings into the record
3. although trial counsel erroneously inserted findings of guilty into the record of trial prior to authentication, even though no findings were announced based on appellant’s guilty pleas, this error did not substantially prejudice appellant

Trial Stages: Initial Review: Authentication of Record of Trial

1. the requirement for verbatim record of trial, authenticated by a military judge, facilitates appellate review and instills confidence in the military justice system

Trial Stages: Appeals: Harmless / Prejudicial Error

1. although trial counsel erroneously inserted findings of guilty into the record of trial prior to authentication, even though no findings were announced based on appellant’s guilty pleas, this error did not substantially prejudice appellant