Legal Opinion · Concurrence

United States v. Walls

United States Court of Military Appeals

Decided July 7, 1980No. 34,861; CM 433575Published

1ConcurrenceFletcher, Judge

The majority opinion reaffirms the longstanding principle of military law that a substantial misapprehension of the maximum punishment can vitiate the providency of a plea of guilty.1 This principle of law I support. I also recognize the body of military law which holds that a guilty plea so obtained need not be vacated where the record of trial shows that the military accused intelligently acknowledged a potential sentence difference but wished to plead guilty anyway.2 This principle of law I also support. Finally, where the variation in sentence advice is insubstantial, I believe that the…

2Cases cited20 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. United States v. TimmreckSupreme Court of the United States · 1979
  4. United States v. HardenUnited States Court of Military Appeals · 1976
  5. Vincent Hunter v. Walter T. Fogg, Superintendent of Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 1980

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