United States v. Bradley

71 M.J. 13, 2012 CAAF LEXIS 205, 2012 WL 673776
CourtCourt of Appeals for the Armed Forces
DecidedFebruary 29, 2012
Docket11-0399/NA
StatusPublished
Cited by45 cases

This text of 71 M.J. 13 (United States v. Bradley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bradley, 71 M.J. 13, 2012 CAAF LEXIS 205, 2012 WL 673776 (Ark. 2012).

Opinions

Judge STUCKY

delivered the opinion of the Court.

We granted review in this case to determine: (1) whether the United States Navy-Marine Corps Court of Criminal Appeals (CCA) was bound by this Court’s prior decision that Appellant’s unconditional guilty pleas were provident despite waiving a motion to disqualify trial counsel; (2) whether Appellant received ineffective assistance of counsel; and (3) whether the law of the case doctrine required the CCA to find prejudice from counsel’s deficient performance given the CCA’s prior holding that Appellant was entitled to relief. We hold that the CCA properly determined the degree to which it was bound by our prior decision and that, even if counsel was deficient, Appellant was not prejudiced by the deficient performance.1

I.

A.

Appellant and three other sailors were involved in a drive-by shooting. United States v. Bradley, 68 M.J. 279, 280 (C.A.A.F.2010). Appellant and another sailor discharged a loaded firearm at a vehicle containing three other sailors. Id. One of those sailors was struck by a bullet but survived the incident. Id. Appellant was charged with attempted murder, conspiracy to commit murder, and reckless endangerment in violation of Articles 80, 81, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 880, 881, 934 (2006).

Appellant entered into a pretrial agreement, in which he was granted immunity. He provided statements over the course of several interviews pursuant to that grant of immunity. Bradley, 68 M.J. at 280. After [15]*15testifying against one co-accused, Appellant withdrew from the pretrial agreement. Id. Nevertheless, a trial counsel who had been made privy to the immunized statements remained on Appellant’s case, which prompted Appellant to move on the basis of Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972), to dismiss the charges and disqualify trial counsel. Bradley, 68 M.J. at 280.

After the military judge denied Appellant’s motions, Appellant entered into a second pretrial agreement and pled guilty unconditionally to one specification of assault with a means likely to produce grievous bodily harm and one specification of reckless endangerment in violation of Articles 128 and 134, UCMJ, 10 U.S.C. §§ 928, 934 (2006). Id. at 280-81. Discussion between the military judge and defense counsel indicated that defense counsel may have believed the motion to disqualify trial counsel was preserved for appeal despite Appellant’s entering an unconditional guilty plea.

Appellant was sentenced to a dishonorable discharge and forty-eight months of confinement. In accordance with the second pretrial agreement, the convening authority approved the sentence as adjudged. Id. at 281.

B.

In its first opinion, the CCA determined that the motion to disqualify trial counsel was not waived and concluded that the military judge abused his discretion by not disqualifying trial counsel. United States v. Bradley (Bradley I), No. 200501089, 2008 CCA LEXIS 398, at *20-*24, 2008 WL 5083894, at *6-*8 (N.-M.Ct.Crim.App. Nov. 25, 2008) (unpublished). The CCA further noted that Appellant’s “guilty pleas were based in part upon a belief that his plea did not waive his right to appeal the military judge’s denial of his motion to remove the trial counsel from his case due to a violation of Kastigar.” Id. at *1-*2, 2008 WL 5083894, at *1. The CCA appealed to also decide in the alternative that it could have found Appellant’s plea improvident solely on Appellant’s misunderstanding about preserving the motion to disqualify. Id. at *20, 2008 WL 5083894, at *6.

C.

After the CCA’s first opinion, the Judge Advocate General certified two issues to this Court, and we specified a third issue — whether Appellant had waived the motion to disqualify trial counsel. Bradley, 68 M.J. at 280. This Court held that the “unconditional guilty plea waived [Appellant’s] ability to appeal the military judge’s denial of his motion to disqualify trial counsel as well as the motion to dismiss.” Id. In so deciding, we said that:

Nor does the application of the [waiver] doctrine render Appellant’s plea improvident. It is settled that a guilty plea will not be rejected as improvident unless there is a substantial basis in law or fact for doing so. United States v. Inabinette, 66 M.J. 320, 322 (C.A.A.F.2008). Here, Appellant, represented by experienced civilian defense counsel, explicitly entered an unconditional plea of guilty. There is no allegation of ineffective assistance of counsel, or that Appellant (who was getting the benefits of a quite favorable pretrial agreement) did not understand what he was doing. The possibility that he thought the issue relating to the disqualification of trial counsel would be preserved in the face of an unconditional guilty plea does not render that plea improvident.

Id. at 282-83.

D.

On remand to the CCA Appellant alleged that his pleas were improvident because he had mistakenly believed he had preserved the disqualification motion and because he had received ineffective assistance of counsel when his attorney informed him that the motion to disqualify trial counsel was preserved for appeal. United States v. Bradley (Bradley II), No. 200501089, 2011 CCA LEXIS 20, at *4, 2011 WL 666855, at *2 (N.-M.Ct.Crim.App. Feb. 15, 2011) (unpublished). The CCA concluded it was bound by this Court’s prior decision that application of waiver alone would not result in an improvi[16]*16dent plea. Id. at *5, 2011 WL 666855, at *2 (“[W]e are substantively bound by the majority’s holding that application of waiver in this case does not render the appellant’s pleas improvident.”).

The CCA then considered Appellant’s ineffective assistance of counsel claim, and, while finding that defense counsel provided erroneous advice, it held that such error “did not rise to the standard of ‘deficient performance’ under Strickland.” Id. at *7, 2011 WL 666855, at *3. The CCA further held that even if there was error, there was no prejudice after reviewing the entire record. Id. at *7-*8, 2011 WL 666855, at *3.

II.

The CCAs are bound by this Court’s conclusions of law on remand. Cf. United States v. Allbery, 44 M.J. 226, 228 (C.A.A.F. 1996) (noting that this Court’s precedent is binding in subsequent cases absent a change of circumstances); see also Sprague v. Ticonic Nat’l Bank, 307 U.S. 161, 168, 59 S.Ct. 777, 83 L.Ed. 1184 (1939) (“While a mandate is controlling as to matters within its compass, on the remand a lower court is free as to other issues.”). In previously reviewing Bradley’s case, a majority of this Court held that waiver applied and that “application of the [waiver] doctrine [did not] render Appellant’s plea improvident.” Bradley, 68 M.J. at 282. We determined that even if Appellant had incorrectly believed he had preserved the disqualification motion, that alone

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. SANTIAGO
Navy-Marine Corps Court of Criminal Appeals, 2026
United States v. Patterson
Air Force Court of Criminal Appeals, 2026
United States v. CRUZ
Navy-Marine Corps Court of Criminal Appeals, 2026
United States v. Arroyo
Court of Appeals for the Armed Forces, 2025
United States v. TUCKER
Navy-Marine Corps Court of Criminal Appeals, 2025
United States v. PARKS
Navy-Marine Corps Court of Criminal Appeals, 2025
<p data-block-key="l88ua">U.S. v. AGUILAR</p>
Navy-Marine Corps Court of Criminal Appeals, 2024
<p data-block-key="wahkp">U.S. v. AGUILAR</p>
Navy-Marine Corps Court of Criminal Appeals, 2024
<p data-block-key="02q3r">U.S. v. SUAREZ</p>
Navy-Marine Corps Court of Criminal Appeals, 2024
United States v. KAKHARAU
Navy-Marine Corps Court of Criminal Appeals, 2024
United States v. KUKHARAU
Navy-Marine Corps Court of Criminal Appeals, 2024
United States v. CAMPOS
Navy-Marine Corps Court of Criminal Appeals, 2024
United States v. James D (2023 Wl -------)
U S Coast Guard Court of Criminal Appeals, 2023
United States v. Naughton
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Williams
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Champion-Flores
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Gortzig
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Ali
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Tejeda
Navy-Marine Corps Court of Criminal Appeals, 2022
United States v. Rivero
Navy-Marine Corps Court of Criminal Appeals, 2022

Cite This Page — Counsel Stack

Bluebook (online)
71 M.J. 13, 2012 CAAF LEXIS 205, 2012 WL 673776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bradley-armfor-2012.