I. Whether the lower court erred by finding that the military judge abused his discretion when he denied the defense motion to disqualify trial counsel from further participation in the case.We previously discussed Bradley here.
II. Whether the lower court erred in setting aside the findings and sentence based upon speculation that the trial counsels' continued participation in the case could have prejudiced Appellee, without making any finding that their continued participation did materially prejudice Appellee, as required by Article 59(a), UCMJ.
Friday, April 10, 2009
The Judge Advocate General of the Navy has filed a certificate of review in United States v. Bradley raising these two issues: