Waiver or forfeiture

In United States v. Gladue, __ M.J. ___ (C.A.A.F. 2009), has underscored the importance of understanding the terms of a PTA and the effect on appellate was well as trial issues.

In Gladue the accused, as is common, agreed to waive any waivable motions.  The MJ discussed with appellant a number of motions covered by that term, but not those of multiplicity.  Appellant tried to raise multiplicity on appeal.

Even though not mentioned on the record, CAAF holds that the language applies to any waivable motion and is not limted to those discussed on the record at trial.

This is different from a situation where there is no waiver of motions term in the PTA and the motions aren’t made.  Under some circumstances those motions may still be viable on appeal.

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