Thursday, February 12, 2009
Published AFCCA opinion grants relief due to counsel's failure to accurately answer accused's questions about sex offender registration
AFCCA today issued a published opinion setting aside findings of guilty to indecent assault due to the civilian and military defense counsel's failure to provide accurate advice when their client asked about whether pleading guilty to indecent assault would require him to register as a sex offender. United States v. Rose, __ M.J. ___, No. ACM 36508 (A.F. Ct. Crim. App. Feb. 12, 2009). I've posted the opinion here. Senior Judge Francis wrote for himself and Senior Judge Heimann. Judge Thompson dissented.