Legal Opinion
United States v. Englert
Navy-Marine Corps Court of Criminal Appeals
Decided June 30, 1995No. NMCM 94 00672PublishedCited by 6 opinions
1Opinion of the Court
LARSON, Chief Judge:
The question presented in this appeal is whether the record of proceedings of a post-trial hearing establishes sufficient grounds to nullify the sentence limitation provision of the pretrial agreement based upon post-trial misconduct by the appellant. We find that it does not, and we hold that the convening authority erred when he failed to suspend the bad-conduct discharge in compliance with the pretrial agreement.
*829I.
In compliance with the terms of his pretrial agreement, the appellant pleaded guilty at a special court-martial, before a military judge sitting alone, to…
2Cases cited14 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. BinghamUnited States Court of Military Appeals · 1977
- United States v. DawsonUnited States Court of Military Appeals · 1981
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3Cited by6 opinions
- United States v. BullaU S Coast Guard Court of Criminal Appeals · 2003
- Hobdy v. United StatesNavy-Marine Corps Court of Criminal Appeals · 1997
- United States v. PerlmanNavy-Marine Corps Court of Criminal Appeals · 1996
- United States v. BullaU S Coast Guard Court of Criminal Appeals · 2003
- United States v. Griffin-IiNavy-Marine Corps Court of Criminal Appeals · 2021
1 more not listed; retrieve them via the Exa API.