U.S. v. Haynes, 79 M.J. 17

Trial Stages: Sentence and Punishment: Credits

1. in this case, by answering in the affirmative when asked by the military judge if he agreed with the proposed amount of pretrial confinement credit due, appellant (through his counsel) affirmatively acknowledged that he was not entitled to any additional confinement credit; accordingly, appellant affirmatively waived any entitlement to Pierce credit (under US v. Pierce, 27 MJ 367 (CMA 1989), Pierce credit is sentencing credit for prior nonjudicial punishment imposed for the same offense punished by court-martial); appellant’s agreement (through his counsel) with the proposed amount of confinement credit was akin to a statement of “no objection,” which may count as an affirmative waiver

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

1. an appellate court considers the issue of waiver as a question of law under a de novo standard of review

Trial Stages: Appeals: Waiver

1. in this case, by answering in the affirmative when asked by the military judge if he agreed with the proposed amount of pretrial confinement credit due, appellant (through his counsel) affirmatively acknowledged that he was not entitled to any additional confinement credit; accordingly, appellant affirmatively waived any entitlement to Pierce credit (under US v. Pierce, 27 MJ 367 (CMA 1989), Pierce credit is sentencing credit for prior nonjudicial punishment imposed for the same offense punished by court-martial); appellant’s agreement (through his counsel) with the proposed amount of confinement credit was akin to a statement of “no objection,” which may count as an affirmative waiver
2. waiver can occur either by operation of law, or by the intentional relinquishment or abandonment of a known right
3. when an appellant intentionally waives a known right at trial, it is extinguished and may not be raised on appeal