U.S. v. Glenn, 66 M.J. 64

Military Justice Personnel: Defense Function: Effective / Ineffective Assistance of Counsel

1. counsel is presumed to be competent

Core Criminal Law Subjects: Defenses: Lack of Mental Responsibility

1. an accused is presumed to be sane

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Presumptions, Inferences

1. an accused is presumed to be sane and counsel is presumed to be competent

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Appellate Burdens, Standards, Etc. › Generally

1. an appellate court reviews a military judge’s decision to accept a guilty plea for an abuse of discretion; it will not set aside a plea of guilty on appeal unless there is a substantial basis in law and fact for questioning the guilty plea

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Appellate Presumptions, Inferences

1. an accused is presumed to be sane and counsel is presumed to be competent

Trial Stages: Merits: Guilty Pleas

1. the military judge did not abuse her discretion in accepting appellant’s guilty pleas where appellant’s mitigation evidence in sentencing that he suffered from mental health problems (a mood disorder called cyclothymic disorder) did not raise a substantial basis in law and fact for questioning his guilty plea; there was no testimony indicating that this mood disorder, without more, would be a defense to appellant’s offenses, there was no testimony suggesting that this mood disorder affected appellant’s mental responsibility at the time of the offenses, and appellant does not now claim that he lacked mental responsibility for the offenses to which he pleaded guilty

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

1. an appellate court reviews a military judge’s decision to accept a guilty plea for an abuse of discretion; it will not set aside a plea of guilty on appeal unless there is a substantial basis in law and fact for questioning the guilty plea