United States v. Davis

This Court, in numerous cases, has indicated that substance rather than form will control. As pointed out by the majority, appellant entered a plea pursuant to a pretrial agreement. Like many defendants, when faced with the moment of truth, appellant probably could not admit the elements involved; thus, the confessional stipulation in the case. See United States v. Penister, 25 MJ 148, 153 (CMA 1987) (Cox, J., concurring). The defense here has not indicated what evidence it would have introduced, and has not shown prejudice, as required by United States v. Rivera, 46 MJ 52 (1997), and United…