Court-Martial Trial Practice Blog
The NMCCA has issued an unpublished opinion in United States v. Belcher. This case has lessons for the defense and the prosecution.
It appears the defense offered a PTA for nine months and included offers to testify against co-conspirators. The PTAO languished. Then, “a second trial counsel contacted the appellant’s defense counsel because he was prosecuting one of the appellant’s co-conspirators, and he wanted the appellant to be a Government witness in that case.” The TC then provided the DC with a grant of immunity and order to testify. The Appellant testified for the prosecution, “but the CA never [still had not] accepted the 9-month offer [at the time].” Later a PTA for 12 months was negotiated.
It appears from the opinion that the fundamental problem stems from poor communications and a lack of documentation.