U.S. v. Magnan, 52 M.J. 56

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

1. record supports rationale of defense counsel’s failure to comment upon a misstatement by the staff judge advocate in the post-trial recommendation to the effect that there was no clemency recommendation by the military judge because appellant, in an unsworn statement, requested a bad-conduct discharge

Military Justice Personnel: Staff Judge Advocate: Post-TrialRecommendation

1. a misstatement by the staff judge advocate to the effect that there was no clemency recommendation by the military judge was error, but there was no evidence that this was a knowing intentional misstatement designed to prejudice appellant

Trial Stages: Initial Review: Post-trial Recommendation

1. a misstatement by the staff judge advocate to the effect that there was no clemency recommendation by the military judge was error, but there was no evidence that this was a knowing intentional misstatement designed to prejudice appellant

Trial Stages: Appeals: Waiver

1. appellant knowingly relinquished and abandoned any claim of error resulting from a misstatement by the staff judge advocate in the post-trial recommendation to the effect that there was no clemency recommendation by the military judge was error; the uncontradicted affidavit of defense counsel shows that appellant specifically directed defense counsel not to request clemency or seek any suspension of the punitive discharge