U.S. v. Hicks, 52 M.J. 70

Military Justice Personnel: Defense Function: Civilian Counsel

1. appellant’s civilian defense counsel had no actual conflict of interests, despite claim that counsel would have had to admit his own incompetence in raising a defense of mistake due to erroneous pre-trial legal advice, where: (1) record did not show that a stipulation to the lawfulness of a no-contact order was coerced or an effort by civilian defense counsel to protect himself from claim of bad legal advice; (2) there was never a claim that being in the other party’s yard or house would not violate the no-contact order; and, (3) the factual contest at trial was one of credibility, not the legality of the no-contact order

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

1. when an alleged conflict of interest is at issue, an appellant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance
2. an allegation of ineffective representation presents a mixed question of law and fact, which will be reviewed de novo