United States v. Miller

REED, Senior Judge:

In this case we decide whether a new convening authority’s action is required when a detailed defense counsel is released from active duty prior to the service of the staff judge advocate’s [SJA] recommendation on him pursuant to Rule for Courts-Martial [R.C.M.] 1106, and a substitute counsel, who is appointed for such service, fails to establish an attorney-client relationship with the appellant. Under the specific facts of this case, we hold that a new convening authority’s action is not required.

HISTORY OF THE CASE

The appellant was tried by a military judge sitting as a…