On 25 November 2008, in United States v. Bradley, NMCCA set aside the findings to assault with a means likely to cause grievous bodily harm and reckless endangerment by discharging a firearm, as well as the sentence, due to the accused’s misunderstanding of the effect of his guilty plea. United States v. Bradley, No. NMCCA 200501089 (N-M. Ct. Crim. App. Nov. 25, 2008). The court concluded that neither Seaman Bradley nor his counsel understood his plea of guilty waived “his right to appeal the military judge’s denial of his motion to remove the trial counsel from his case due to a violation of Kastigar v. United States, 406 U.S. 441 (1972).”
As the government does so often when it loses on appeal, Code 46 sought reconsideration. The panel denied reconsideration on 9 March.
Now Code 46 has asked CAAF to extend the time for the Judge Advocate General of the Navy to certify the case. United States v. Bradley, __ M.J. ___, No. 09-5002/NA (C.A.A.F. March 20, 2009).