United States v. Leggs

We pointed out in United States v Hinton, 8 USCMA 39, 41, 23 CMR 263, that, when an accused attacks the prov-idency of a plea of guilty voluntarily entered at trial, “we cannot disregard the probability that the accused and his counsel weighed the evidence and determined that it was inadequate for an effective legal defense.” Here, there is not probability, but certainty, that the accused and his counsel weighed the psychiatric evidence and determined it was wholly insufficient to raise an issue. The law presumes sanity; the accused and his counsel replaced the presumption with certainty by…