United States v. Jones
2011 CAAF LEXIS 46
| C.A.A.F. | 2011Background
- Appellant was convicted by general court-martial of violating a general regulation by using government computers to view pornography and knowingly receiving child pornography transported in interstate commerce; sentenced to two years confinement and bad-conduct discharge.
- Conventing authority approved, suspended confinement for twelve months, except punitive discharge executed.
- NMCCA affirmed; this Court granted review on modified issues concerning review of evidence before plea and providence of the plea.
- Appellant signed a pretrial agreement to enter unconditional guilty pleas and to stipulate the facts describing the offenses.
- Before trial, the defense and government had arranged for Appellant to review the evidence; the military judge prohibited pretrial review.
- Providence inquiry began; mid-providence, defense sought to review the images again; the judge denied, but Appellant relied on a defense-attorney drafted document and stipulation to answer questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether denial of evidence review violated Sixth Amendment/RCM 701 | Jones argues denial impeded defense access | Jones maintains right to view evidence is essential for defense preparation | No Sixth Amendment violation; discovery denial did not preclude defense preparation |
| whether the denial wavered Appellant's rights to challenge the proceedings | Jones contends waiver did not extinguish pretrial challenges | Jones asserts unconditional guilty plea and waiver foreclose review of discovery issues | Unconditional guilty plea generally waives pretrial and trial defects not jurisdictional |
| whether the plea was provident given the denial of evidence review | Jones claims providence lacked a sufficient factual basis due to restricted access | Jones relied on stipulation and providence inquiry aided by defense counsel document | Plea provident; the stipulation and providence inquiry provided adequate factual basis |
Key Cases Cited
- United States v. Jones, 67 M.J. 36 (C.A.A.F.2008) (discovery rights and providence inquiry analysis)
- United States v. Schweitzer, 68 M.J. 133 (C.A.A.F.2009) (unconditional guilty plea and waiver of pretrial issues)
- United States v. Inabinette, 66 M.J. 320 (C.A.A.F.2008) (providing basis for provident plea review)
- United States v. Sweet, 42 M.J. 183 (C.A.A.F.1995) (considering stipulation of fact in providence inquiry)
- United States v. Eberle, 44 M.J. 374 (C.A.A.F.1996) (abuse of discretion review of providence)