U.S. v. Jordan, 57 M.J. 236

Trial Stages: Merits: Guilty Pleas

1. in order to establish an adequate factual predicate for a guilty plea, the military judge must elicit, on the record, factual circumstances as revealed by the accused himself that objectively support that plea; it is not enough to elicit legal conclusions
2. a providence inquiry that includes conclusions of law alone does not satisfy the requirements of Article 45 and RCM 910(e)
3. the factual circumstances as revealed by appellant do not objectively support the third element of unlawful entry (prejudice to good order and discipline, or service discrediting) where: (1) the colloquy between appellant and the military judge reveals that appellant simply responded “Yes, sir” to the several questions put to him calling for legal conclusions as to whether his conduct was prejudicial to good order and discipline or service discrediting; (2) appellant’s statements that the owner appeared neither upset nor agitated and that she declined to press charges when invited to do so suggest that the service’s reputation may not have been impugned at all; and (3) this is not a case where considerations beyond the record of trial, i.e., a stipulation of fact, are applicable

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

1. rejection of a guilty plea on appellate review requires that the record of trial show a substantial basis in law and fact for questioning the guilty plea