Factual predicate for plea Sample Clauses

Factual predicate for plea. R.C.M.s 910(c)(5), 910(e). The accused shall be questioned under oath about the offense(s) as part of the guilty plea inquiry. The military judge must ascertain why the accused believes he is guilty and advise the accused of the elements of the offense. As noted below, military practice requires the military judge to advise the accused of the elements of the offense(s) or to otherwise risk reversal. This contrasts sharply with Supreme Court precedent. a) United States x. Xxxxxx, 60 X.X. 136 (C.A.A.F. 2004). Accused pled guilty to depositing obscene matters in the mail in violation of Article 134, UCMJ. During the providency inquiry, military judge failed to provide the correct definition of “obscene.” An accused is not provident to an offense when military judge uses a substantially different definition of “obscene” from that proscribed by the offense charged. Additionally, CAAF cautioned judges “regarding the use of conclusions and leading questions that merely extract from the [accused] ‘yes’ and ‘no’ responses during the providency inquiry.” b) United States x. Xxxxxx, 60 X.X. 62 (C.A.A.F. 2004). Military judge did not repeat larceny elements for each larceny and conspiracy to commit larceny offense but rather cross-referenced his predicate statement of elements. For one specification, the accused failed to state and the stipulation of fact failed to mention that the value of the stolen property exceeded $100. The only admission regarding value existed in the accused’s acknowledgement that he understood the elements of the larceny offense based on the judge’s cross-reference. In affirming the providency of the plea, CAAF reasoned that the value determination is not a complex legal element and military judge made the accused look at the charge sheet for each specification and the specification in issue clearly stated the stolen property exceeded $100. CAAF cautioned, however, “we may have doubts that a similar methodology of cross-reference will work generally.” c) Higher standard than civilian courts. Xxxxxxxx x. Xxxxxx, 545 U.S. 175 (2005) (holding that a judge is not required to advise the accused of the elements himself; “[r]ather, constitutional requirements may be satisfied where the record accurately reflects that the charge’s nature and the crime’s elements were explained to the defendant by his own, competent counsel”). d) United States x. Xxxxxxxx, 59 X.X. 389 (C.A.A.F. 2004). Plea improvident because a definitive report date is necessary for a...