Ineffective assistance of counsel Sample Clauses

Ineffective assistance of counsel d) Properly-litigated Article 10 motion. United States x. Xxxxxxx, 61 X.X. 122 (C.A.A.F. 2005). After being held in pretrial confinement for 117 days the military judge, applying an erroneous test, denied the accused’s Article 10 speedy trial motion. After this ruling, the accused entered an unconditional guilty plea to all charges. XXXX ruled that xxxxxx does not apply where an accused unsuccessfully litigates an Article 10 speedy trial motion at court-martial because of Article 10’s unique nature and legislative importance. “A fundamental, substantial, personal right . . . should not be diminished by applying ordinary rules of waiver and forfeiture associated with guilty pleas.” See also United States x. Xxxxxxxxx, 63 X.X. 586 (N-M. Ct. Crim. App. 2006) (holding that Mizgala “stands for the proposition that only litigated Article 10 issues survive a waiver stemming from a guilty plea, and thus does not affect our decision in this case where the [accused] . . . never raised or litigated the issue of speedy trial and pled guilty unconditionally”)

Ineffective assistance of counsel. The defendant acknowledges that before giving up these rights, the defendant discussed the Federal Sentencing Guidelines and their application to the defendant’s case with the defendant’s attorney, who explained them to the defendant’s satisfaction. The defendant further acknowledges and understands that the government retains its right to appeal where authorized by statute. I, XXXXXXXXXXX XXXX XXXXX, hereby place my signature on the line directly below to signify that I fully understand the foregoing paragraphs, and that I am knowingly and voluntarily entering into this waiver.