Case-dispositive issues Clause Samples

Case-dispositive issues. The motion (or issue) in question should be case- dispositive. This rule comes from the Analysis to R.C.M. 910, which notes that the rule as applied in federal civilian practice requires a case dispositive issue. However, only the Air Force requires that the issue be case dispositive. See AFI 51-201, para. 8.3 (“When approving a guilty plea conditioned on preserving review of an adverse determination of a pretrial motion, the military judge should make the following findings on the record: (1) the offer is in writing and clearly details the motion that the accused wishes to preserve on appeal; (2) the government’s consent is in writing and signed by an official authorized to consent; (3) the particular motion was fully litigated before the military judge; and, (4) the motion is case dispositive.”); United States ▇. ▇▇▇▇▇▇▇▇, 32 ▇.▇. 955, 957 (A.F.C.M.R. 1991) (“Staff judge advocates and military judges should not permit conditional pleas that only preserve issues that would not terminate the prosecution because to do so invites piecemeal appeals and the kind of appellate confusion suffered in this case.”). As a practice point, where a conditional guilty plea is not case dispositive as to either the issue preserved for appeal or to all of the charges in a case, the military judge should address as part of the providence inquiry the understanding of the accused and the parties as to the result of the accused prevailing on appeal.