United States v. Freeland

Opinion of the Court

Quinn, Chief Judge:

Here, as in United States v Weatherford, 19 USCMA 424, 42 CMR 26 (1970), the question is whether defense counsel violated his responsibilities as counsel by making it apparent to the court members that the accused desired to be separated from the service, even with a punitive discharge, in preference to confinement. Defense counsel did not, as in Weatherford, argue that a bad-conduct discharge was an appropriate punishment, but he made the point clear by the answers he elicited from the accused, who testified under oath in connection with the sentence.

An…