United States v. Dorsey

DECISION UPON RECONSIDERATION

LEWIS, Judge:

By a prior, split opinion we set aside the findings of guilty and sentence in this case. United States v. Dorsey, 25 M.J. 728 (A.F. C.M.R.1987). We found that a pretrial agreement provision whereby the appellant waived his right to contest the validity of a search violated the prohibition against waivers of rights as set forth in Air Force Regulation (A.F.R.) 111-1, Military Justice Guide, para. 4-5h (1 August 1984). Following our earlier line of decisions starting with United States v. Saulter, 23 M.J. 626 (A.F.C.M.R.1986), we found the agreement…