U.S. v. Knight, 53 M.J. 340

Military Justice Personnel: Defense Function: Right to Counsel

1. where an accused challenges the adequacy of his counsel’s trial representation and where he expresses a desire to sever his relationship with counsel, a staff judge advocate who becomes aware of the potential conflict of interest must notify the defense counsel of appellant’s complaint so that the issue of further representation can be resolved
2. where an accused challenges the adequacy of his defense counsel’s trial representation and expresses the desire to sever his relationship with that counsel before the convening authority, there is no knowing waiver and substitute counsel should be appointed regardless of the accused’s failure to request substitute military counsel or a stated intent to hire a civilian lawyer

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

1. the right of a military accused to effective assistance of counsel after his trial is a fundamental right
2. in cases where a servicemember is effectively without representation during the clemency process, the court will presume prejudice

Military Justice Personnel: Staff Judge Advocate: Responsibilities

1. where an accused challenges the adequacy of his counsel’s trial representation and where he expresses a desire to sever his relationship with counsel, a staff judge advocate who becomes aware of the potential conflict of interest must notify the defense counsel of appellant’s complaint so that the issue of further representation can be resolved

Trial Stages: Initial Review: Post-trial Submissions

1. in cases where a servicemember is effectively without representation during the clemency process, the court will presume prejudice

Trial Stages: Appeals: Harmless / Prejudicial Error

1. in cases where a servicemember is effectively without representation during the clemency process, the court will presume prejudice