U.S. v. Gibson, 51 M.J. 198

Military Justice Personnel: Defense Function: Effective / Ineffective Assistance of Counsel

1. under the two-pronged test to determine whether an accused received the effective assistance of counsel, and in light of the fact that counsel are presumed competent, to prevail on appeal an accused must show: (1) deficient performance; and (2) prejudice
2. counsel has a duty to make reasonable investigation or to make a reasonable decision that makes particular investigations unnecessary; failure to investigate information suggesting that alleged victim was not credible was deficient performance within the first prong of the test for ineffective assistance of counsel
3. defense counsel’s failure to investigate evidence strongly suggesting that alleged victim was not credible deprived accused of a fair, reliable trial where: (1) prosecution’s case rested on the victim’s credibility; (2) the material which was not investigated strongly suggested that the victim was not credible; and (3) the evidence of credibility was relevant to both the charged and lesser included offenses

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. Courts of Criminal Appeals have a broad grant of appellate authority under Article 66(c), UCMJ, to do justice, and if that court, in the interests of justice, determines that a certain finding or sentence should not be approved – by reason of receipt of improper testimony or otherwise – the court need not approve such finding or sentence
2. Court of Criminal Appeals did not abuse the discretion conferred upon that court by Article 66(c), UCMJ, by setting aside the findings of guilty based upon a finding of ineffective assistance of counsel, rather than affirming lesser-included offense where: (1) proof of lesser-included offense depended almost entirely on victim’s credibility, the very matter about which counsel was found to be ineffective; and (2) corroborating scientific evidence was of marginal independent value absent the testimony of the victim

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

1. under the two-pronged test to determine whether an accused received the effective assistance of counsel, and in light of the fact that counsel are presumed competent, to prevail on appeal an accused must show: (1) deficient performance; and (2) prejudice