In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a judge's colloquy, forecloses appellate review of a UCI claim even when the accused later alleges his defense counsel misadvised him about its effect. We provide takeaways on the importance of thorough judicial inquiries into waiver provisions, precise and documented advice from defense counsel on what a plea waives, and the correct legal standard for assessing prejudice in ineffective assistance of counsel claims tied to a guilty plea.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
| Date Taken: | 08.05.2026 |
| Date Posted: | 08.05.2026 09:40 |
| Category: | Interviews |
| Audio ID: | 93122 |
| Filename: | 2608/DOD_111884593.mp3 |
| Length: | 00:16:59 |
| Location: | US |
| Web Views: | 2 |
| Downloads: | 0 |
| High-Res. Downloads: | 0 |
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