PTA for contested cases

Manmumar

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Registered Member
I don't even know where to look...I suppose in theory it's possible that there could be a Pre Trial Agreement in place for a contested violation of UCMJ but what would be the benefit? There's no quid-pro-quo.
Does anyone know: Has it ever been practically applied? (PTA in a contested case)

I'm reading some case law and the CAAF found the PTA ambiguous and thus voided the result of trial. This particular one was not contested.

Discussing with a friend, he advanced the idea that there could be facts that never get on the record that could have raised a defense for the accused, but because of trial counsel's misunderstanding of the law (or in the most egregious case of laziness) advises the accused to plead guilty to get a lesser sentence. Could an appellate judge find the plea improvident had those facts been revealed at trial? I think yes. The case I read says there is no bar from the accused from raising those facts and the appellate court from reviewing de novo.

* I'm not a lawyer but I do sometimes read case law when I find something interesting enough.
 
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