United States v. Brooks

I dissent.

My brothers hold that even if the accused’s plea of guilty to wrongful appropriation was erroneously accepted by the military judge, because improvidently made, the error did not prejudice the finding that the accused was guilty of the charged offense of larceny. In reaching this conclusion they attempt to distinguish this Court’s opinion in United States v Cleveland, 15 USCMA 121, 35 CMR 93 (1964). I disagree.

This case is before us on certification by the Judge Advocate General of the Air Force, pursuant to Article 66(c), Uniform Code of Military Justice, 10 USC § 866. The question…