27 March 2008

Competency and Guilty Pleas

On 11 April 2008, SCOTUS Blog tells us that the Supreme Court will conference on whether or not to grant a writ of certiorari in:

Docket:
07-785
Case name: Wallace v. United States
Issue: Whether, under the Due Process Clause, a defendant who pleads guilty retains the right to appeal a pre-trial competency determination.

R.C.M. 905 does not list a challenge to mental competence or an R.C.M. 706 finding of competence as a raise or lose motion.

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