U.S. v. Cooper, 82 M.J. 6

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

1. an appellant cannot waive a claim of ineffective assistance of counsel where waiver is based on the very advice he asserts was ineffective

Trial Stages: Appeals: Waiver

1. an earlier decision by the CAAF that the accused had waived his statutory right to request IMC did not preclude him from asserting on remand an ineffective assistance of counsel claim based on the allegation that his detailed trial defense counsel’s had failed to forward his request for a specific IMC where (1) the CAAF stated that the unanswered IAC issue was for the CCA to resolve on remand, and (2) the accused’s IMC waiver could not also waive his IAC claim because the IMC waiver would have been based on the same advice the accused contended was ineffective
2. an appellant cannot waive a claim of ineffective assistance of counsel where waiver is based on the very advice he asserts was ineffective