Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: usmcobra
"Show me where in article 66 it says that all appeals are limited only to those that have plead “not guilty” and been convicted."

Where I have said such a thing? In fact, I have said EXACTLY the OPPOSITE.

Second, you do realize that you have to read a bit more than Art. 66 alone to fully understand the appellate rights of the convicted, right? There is the Manuel for Courts-Martial and decades of relevant case law to understand.

R.C.M. 910 might be instructive here, especially the part that says "which results in a finding of guilty waives any objection, whether or not previously raised, insofar as the objection relates to the factual issue of guilt". By entering a plea of guilty, the accused waives virtually all rights to appeal pretrial motions.

There are two ways to preserve such ruling for appeal. First, you may either plead "not-guilty", or you may enter what is known as as "conditional plea". Neither was done here.

646 posted on 12/15/2010 8:26:32 AM PST by OldDeckHand
[ Post Reply | Private Reply | To 634 | View Replies ]


To: OldDeckHand

You do realize that article 66 calls for an automatic appeal and review of all cases described within it’s parameters?

There is no need for conditional pleas.


648 posted on 12/15/2010 8:31:52 AM PST by usmcobra (.Islam: providing Live Targets for United States Marines since 1786!)
[ Post Reply | Private Reply | To 646 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson