U.S. v. Reist, 50 M.J. 108

Military Justice Personnel: Defense Function: Responsibilities

1. any issue as to whether trial counsel is so determined to convict and punish an accused that he became an “accuser” is waived by that accused’s failure to raise the issue at trial
2. failure to object to improper argument constitutes waiver of the objection
3. argument asking judge to minimize the effects of accused’s guilty pleas and characterizing accused’s actions as “cowardly criminal conduct of a sexual pervert” did not indicate animus, but were permissible hard blows that may be struck by trial counsel during sentencing argument

Trial Stages: Appeals: Preservation of Error / Plain Error

1. To succeed under a plain error analysis, appellant has the burden of establishing that there was plain or obvious error that materially prejudiced his substantial rights
2. (there was no material prejudice to appellant’s substantial rights where trial counsel had signed charge sheet as accuser, where appellant pleaded guilty and requested trial by judge alone after the disqualification was announced on the record and trial counsel argued that a request for judge alone should be denied, and where trial counsel’s actions did not show a personal interest in case

Trial Stages: Appeals: Waiver

1. any issue as to whether trial counsel is so determined to convict and punish an accused that he became an “accuser” is waived by that accused’s failure to raise the issue at trial
2. failure to object to improper argument constitutes waiver of the objection