CAAF grants review to determine the effect of a PTA’s waiver of all waivable motions on multiplicity/UMC issues on appeal
Again without having actually eyeballed the order, I understand that CAAF yesterday granted review of the something like the following issue:
WHETHER THE LOWER COURT ERRED WHEN IT FOUND THAT A PROVISION IN APPELLANT’S PRETRIAL AGREEMENT TO “WAIVE ALL WAIVABLE MOTIONS” WAS AN EXPRESS WAIVER THAT BARS APPELLANT FROM ASSERTING ANY CLAIMS OF MULTIPLICITY OR UNREASONABLE MULTIPLICATION OF CHARGES ON APPEAL.
United States v. Gladue, __ M.J. ___, No. 08-0452/AF (C.A.A.F. Aug. 7, 2008) (order).
AFCCA’s opinion in the case is published at 65 M.J. 903 (A.F. Ct. Crim. App. 2008).