U.S. v. McClain, 50 M.J. 483

First Principles: Constitutional Matters: Right to Counsel

1. Sixth Amendment guarantee of the right to effective assistance of counsel means the right to counsel who is conflict free; to demonstrate a violation of this right an appellant must establish (1) an actual conflict of interests that (2) adversely affects the lawyer’s performance

Military Justice Personnel: Defense Function: Right to Counsel

1. Sixth Amendment guarantee of the right to effective assistance of counsel means the right to counsel who is conflict free; to demonstrate a violation of this right an appellant must establish (1) an actual conflict of interests that (2) adversely affects the lawyer’s performance

Military Justice Personnel: Defense Function: Detailed Military Counsel

1. Sixth Amendment guarantee of the right to effective assistance of counsel means the right to counsel who is conflict free; to demonstrate a violation of this right an appellant must establish (1) an actual conflict of interests that (2) adversely affects the lawyer’s performance
2. where apparent conflict arose because of a difference of opinion at to strategy, the totality of the circumstances indicated that appellant waived any conflict of interests where: (1) appellant confirmed that he wanted counsel to continue with his case; (2) appellant indicated that he believed counsel had his best interests at heart; (3) appellant acknowledge that his criticism of counsel was due to agitation; (4) the military judge correctly advised appellant regarding the options he had as to pleading, the forum, whether to accept a pretrial agreement, and whether to testify; and (5) appellant apologized for his wrongful accusations against counsel during his unsworn statement

Core Criminal Law Subjects: Evidence: Privileges › Attorney-client

1. when there is a claim of ineffective representation, a defense counsel can respond to a defendant’s assertions; Mil. R. Evid. 503(d)(3)

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. standard of review as to claims of ineffective assistance of counsel is de novo

Trial Stages: Appeals: Waiver

1. where apparent conflict arose because of a difference of opinion at to strategy, the totality of the circumstances indicated that appellant waived any conflict of interests where: (1) appellant confirmed that he wanted counsel to continue with his case; (2) appellant indicated that he believed counsel had his best interests at heart; (3) appellant acknowledge that his criticism of counsel was due to agitation; (4) the military judge correctly advised appellant regarding the options he had as to pleading, the forum, whether to accept a pretrial agreement, and whether to testify; and (5) appellant apologized for his wrongful accusations against counsel during his unsworn statement