U.S v. Redlinski, 58 M.J. 117

Trial Stages: Merits: Guilty Pleas

1. (for this Court to find a plea of guilty to be knowing and voluntary, the record of trial must reflect that the elements of each offense charged have been explained to the accused by the military judge; if the military judge fails to do so, he commits reversible error, unless it is clear from the entire record that the accused knew the elements, admitted them freely, and pleaded guilty because he was guilty; rather than focusing on a technical listing of the elements of an offense, this Court looks at the context of the entire record to determine whether an accused is aware of the elements, either explicitly or inferentially
2. for a plea to an attempt offense to be provident, the military judge must advise the accused of the elements of attempt as well as the elements of the intended offense, either explicitly or inferentially
3. unlike some simple military offenses, attempt is a more complex, inchoate offense that includes two specific elements designed to distinguish it from mere preparation; the distinction between preparation and attempt has proven difficult for courts and scholars alike; in a guilty plea case, although the accused is not entitled to receive a hornbook review of the distinction, the record must objectively reflect that the accused understood that his conduct, in order to be criminal, needed to go beyond preparatory steps and be a direct movement toward the commission of the intended offense
4. where the record does not evidence, either explicitly or inferentially, that the accused understood that his conduct, in order to be criminal, needed to go beyond preparatory steps and be a direct movement toward the commission of the intended offense or that he had sufficient knowledge of any of the four elements of attempt, the accused's plea of guilty will be found to be improvident