On 5 June, CAAF granted review of two issues in United States v. White, 65 M.J. 276 (C.A.A.F. 2007), and ordered briefs. The two issues were:
WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT’S PLEA TO UNPREMEDITATED MURDER UNDER ARTICLE 118(3), UCMJ, WHERE EVIDENCE WAS INTRODUCED BY BOTH APPELLANT AND AN EXPERT THAT, AT THE TIME OF THE OFFENSE, APPELLANT DID NOT KNOW THAT HIS ACTIONS WOULD CAUSE BODILY HARM OR DEATH.
WHETHER APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS COUNSEL ADVISED HIM TO PLEAD GUILTY, IMPROVIDENTLY AND AGAINST HIS WISHES.
In today’s daily journal update, CAAF summarily said “no” and “no.” Well, actually CAAF said, “On further consideration of the granted issues, 65 M.J. 276 (C.A.A.F. 2007), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.” United States v. White, __ M.J. ___, No. 07-0067/MC (C.A.A.F. Sept. 10, 2007).
The lower court’s opinion, which addresses both of the granted issues as well as granting relief for illegal pretrial punishment, is available here. United States v. White, No. NMCCA 200200803 (N-M. Ct. Crim. App. Aug. 31, 2006).
Can anyone from NAMARA tell us (or theorize about) what happened?