Legal Opinion · Dissent

United States v. Jordan

Court of Appeals for the Armed Forces

Decided August 30, 2002No. 01-0483/MCPublished

1DissentSullivan, Senior Judge

The practice of this Court has been to uphold guilty pleas where an accused’s providence inquiry “indicates not only that the accused himself believes he is guilty but also that the factual circumstances as revealed by the accused himself objectively support that plea....” United States v. Davenport, 9 MJ 364, 367 (CMA 1980), cited in United States v. Boddie, 49 MJ 310, 312 (1998). The majority holds that the plea inquiry in this case does “not objectively” support a finding “that appellant’s conduct was service discrediting”. 57 MJ at 239. I disagree.

In my view, the entire plea inquiry must…

2Cases cited6 opinions

  1. United States v. DavenportUnited States Court of Military Appeals · 1980
  2. United States v. OuthierCourt of Appeals for the Armed Forces · 1996
  3. United States v. HarrisonUnited States Court of Military Appeals · 1988
  4. United States v. TerryUnited States Court of Military Appeals · 1972
  5. United States v. GillinUnited States Court of Military Appeals · 1958

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