WHETHER TRIAL DEFENSE COUNSEL PROVIDED, TO THE SUBSTANTIAL PREJUDICE OF APPELLANT, INEFFECTIVE ASSISTANCE OF COUNSEL IN THE POST-TRIAL PHASE WHEN HE, WITHOUT CONSULTING WITH APPELLANT, SUBMITTED MATTERS TO THE CONVENING AUTHORITY BUT FAILED TO SUBMIT APPELLANT'S PERSONAL STATEMENT.United States v. Davis, __ M.J. ___, No. 08-0808/AR (C.A.A.F. March 19, 2009). CAAF summarily remanded the case for ACCA "to obtain an affidavit from trial defense counsel that responds to Appellant's allegation of ineffective assistance of counsel" and then consider the issue under the Ginn framework. See United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997).
Tuesday, March 24, 2009
While I can't find ACCA's opinion in the case, this issue that CAAF summarily disposed of is interesting: