United States v. Scott

I dissent from the majority’s refusal to determine whether the representation of appellant’s trial defense counsel was “ineffective,” and from their conclusion that the appellant suffered no prejudice from this, what I consider to be, constitutionally inadequate representation.

The case is before this Court once again,1 following a DuBay hearing. United States v. DuBay, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967). The verbatim record of that hearing is now also available for this *870Court’s consideration. The issue before us is the same:

APPELLANT HAS BEEN DENIED EFFECTIVE ASSISTANCE OF COUNSEL…