United States v. Miller

Prior to his release from active duty, Capt R submitted a clemency package on behalf of appellant to the convening authority. The Staff Judge Advocate (SJA)’s recommendation was served on substitute counsel, Capt S, who had no comments or corrections. However, Capt S never contacted appellant. The Court of Criminal Appeals ordered ap*152pellant, through appellate defense counsel, to file matters that would have been submitted to the convening authority. In response the defense objected to appellant’s proficiency ratings noted in the SJA recommendation and filed six clemency letters from family…