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United States v. Resch, C.A.A.F. (2007)
United States v. Resch, C.A.A.F. (2007)
United States v. Resch, C.A.A.F. (2007)
v.
Brandon M. RESCH, Private
U.S. Army, Appellant
No. 06-0863
Crim. App. No. 20030587
United States Court of Appeals for the Armed Forces
Argued April 25, 2007
Decided June 22, 2007
BAKER, J., delivered the opinion of the Court, in which EFFRON,
C.J., and ERDMANN and RYAN, JJ., joined. STUCKY, J., filed a
separate opinion concurring in part and dissenting in part.
Counsel
For Appellant: Captain Richard P. Pizur (argued); Colonel John
T. Phelps II, Lieutenant Colonel Steven C. Henricks, Major Fansu
Ku, and Captain Julie A. Caruso (on brief); Major Billy B.
Ruhling III.
For Appellee: Captain Clare L. OShaughnessy (argued);
Lieutenant Colonel Francis C. Kiley, Lieutenant Colonel Michele
B. Shields and Captain Magdalena A. Acevedo (on brief); Colonel
John Miller, II.
Military Judge:
Robert Smith
affirmed.
Appellant
Macomb County Jail on January 22, 2003, when he was not picked
up by military authorities, Appellant said he believed that
[i]n my mind, it had actually been cleared up.
Pursuant to a pretrial agreement, Appellant entered into a
stipulation of fact.
Curiously, the
This paragraph
Stipulation of Fact2
ERB [Enlisted Record Book]
OMPF [Official Military Personnel File]
Accuseds sworn statement, dated 4 April 2003
The very document at issue here and in which the above cited
paragraphs appear.
5
The Governments
formation?
The Government rested without calling any other witnesses
and did not move to admit any other documentary evidence.
Appellant did not put on a defense case.
Boykin
In military
In
Moreover,
the military judge must ensure that the accused freely consents
to enter into any stipulation of fact or stipulation of expected
testimony.
R.C.M. 811(c).
10
Without
11
Although
12
MCM pt.
13
See
14
In reaching a
In Paragraph I
As such, I would
any witnesses.
We believe
Johnson v. United
U.S. 482, 488 (1997) (quoting United States v. Sharpe, 996 F.2d
125, 129 (6th Cir. 1993)).
See, e.g.,
Any
No further analysis is
I therefore