CAAF today granted review of this interesting issue from an Army case:
WHETHER THE PRETRIAL AGREEMENT CONTAINED A PROHIBITED AND UNENFORCEABLE PROVISION REQUIRING APPELLANT TO “OFFER TO REQUEST A BAD[-]CONDUCT DISCHARGE DURING THE SENTENCING PHASE” THEREBY VIOLATING RULE FOR COURTS-MARTIAL 705(c)(1)(B) AND PUBLIC POLICY.
United States v. Soto, __ M.J. ___, No. 10-0397/AR (C.A.A.F. July 13, 2010). ACCA affirmed in a two-sentence per curiam opinion dated 17 February 2010, accompanied by a “Notice of Court-Martial Order Correction.” (ACCA’s rulings don’t appear to be available online, so I’ve posted them here.)