Announcement of Findings. RCM 922

Announcement of Findings. RCM 922

Announcement of Findings. RCM 922

  1. bestmilitarydefenseucmjdefenselawyer39United States v. Jones , 46 M.J. 815 (N-M. Ct. Crim. App. 1997). In mixed plea case, MJ failed to announce findings of guilty of offenses to which accused had pled guilty, and as to which MJ had conducted providence inquiry. Upon realizing failure to enter findings, MJ convened post-trial Article 39(a) hearing and entered findings consistent with pleas of accused. Though technical violation of RCM 922(a) occurred, MJ commended for using post-trial session to remedy oversight.
  2. United States v. Perkins , 56 M.J. 825 (Army Ct. Crim. App. 2002). MJ’s failure toproperly announce guilty finding as to Spec 3 of Charge II (MJ Announced Guilty to Spec 3 of Charge III) did not require court to set aside appellant’s conviction of Specification 3 of Charge II when it was apparent from the record that the MJ merely misspoke and appellant had actually plead guilty to Specification 3 of Charge II. Court notes that a proceeding in revision under RCM 1102 would have been an appropriate course of action had the MJ or SJA caught the mistake