Legal Opinion · Dissent

United States v. Bradley

United States Court of Military Appeals

Decided September 24, 1979No. 33,368; ACM 22039Published

1DissentCook, Judge

Under Article 45, Uniform Code of Military Justice, 10 U.S.C. § 845, a plea of guilty can be vacated in the course of trial on various grounds, including the introduction of “matter inconsistent with the plea,” and thereafter “the court shall proceed as though . . . [the accused] had pleaded not guilty.” The article has consistently been observed and followed by this Court. Illustrative is United States v. Walter, 14 U.S.C.M.A. 142, 33 C.M.R. 354 (1963).

In Walter, the accused entered pleas of guilty to lesser offenses than some of those charged and to one offense as charged. After the…

2Cases cited3 opinions

  1. United States v. GoodeUnited States Court of Military Appeals · 1975
  2. United States v. ShackelfordUnited States Court of Military Appeals · 1976
  3. United States v. WalterUnited States Court of Military Appeals · 1963

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