As the Fayetteville Observer reports here, the members in the Hennis case have adjourned deliberations for the night.  They’ll resume at 0900 tomorrow.

7 Responses to “Hennis deliberations adjourn for the night”

  1. Cap'n Crunch says:

    You know… this might be one of those cases where it would be good if we amended the MCM/UCMJ to allow for waiver of appeals. The prosecution could agree to drop the DP, in exchange for Hennis’ waiver of his appellate rights (where he has a decent shot of relief) — might be interesting.

  2. Article 16 says:

    The waiver of prejudicial legal errors is against public policy and, I’d think, the Constitution…I think such an amendment to the MCM would perhaps only work on certain issues in guilty pleas–and only operate by narrowing the scope to the barebones stuff, i.e, what’s appealable under 69.

  3. Anonymous says:

    is that true? An accused can waive appeals entirely after trial if he wants, why couldn’t he waive them before in exchange for no DP?

  4. JimmyMac says:

    And we all joined hands and chanted, “Deal the death.”

  5. Article 16 says:

    Anon, that’s a good point, but such an waiver doesn’t waive Article 69 review as I understand it. It also may kick it out of military appellate courts, but it doesn’t waive a writ of habeus corpus based on, say, new evidence or ineffectiveness of counsel.

  6. John O'Connor says:

    Cap’n:

    What a good idea. This guy possibly could deal away appellate review, and maybe even parole, in return for true sentencing relief . . . and the rules don’t let him.

    I also think it’s demonstrably untrue that it violates public policy to waive “prejudicial legal errors.” You can find hundreds of federal appellate decisions declining to consider whether prejudicial; legal error occurred because the accused waived or forfeited the argument.

  7. Article 16 says:

    Yeah, “prejudicial legal errors” is too broad a phrase–how about substantially prejudicial legal errors otherwise preserved for appeal through properly timed and supported objections and motions.