Waiver of Appellate Issues

I am constantly surprised at how many service members plead guilty at a court martial without realizing the affect that the guilty pleas has on their ability to appeal their court martial conviction. I am frequently contacted by people wanting to appeal their court martial conviction after they pleaded guilty at trial. Many of these people even have good appellate issues. Unfortunately, most guilty pleas waive (legal term meaning to give up a right, in this case the right to have an appellate review) most appellate issues. These situations often arise when a crucial piece of government’s evidence was possibly obtained illegally, such as a search without a warrant or a confession that was taken without informing the accused of his rights. The accused then seeks to have that evidence suppressed at a motions hearing. In many cases after the accused loses the motion, he pleads guilty. What many don’t realize is that they are waiving their right to have the appellate court examine the issue that the military judge ruled on.
It is impossible to make an informed decision without having all the facts. If you are considering pleading guilty, be sure to discuss how that plea will affect your ability to appeal your case. Know what rulings have been made in your case and discuss the possibility of those rulings being reversed on appeal and be certain that you clearly understand whether your guilty plea will waive those issues.
Sometimes, the best course of action is to plead guilty, even if it means waiving appellate issues. But when an accused proceeds without discussing the facts and the law with his attorney, he may end up taking a deal that he will regret the rest of his life.