United States v. McGovern

PRICE, Judge:

Appellant assigns three errors before this Court, one of which warrants discussion; the others we deem to be without merit. Assigned error I asserts:

THE MILITARY JUDGE MATERIALLY ERRED TO THE SUBSTANTIAL PREJUDICE OF THE APPELLANT BY PROCEEDING THROUGH TRIAL IN THE ABSENCE OF AN AFFIRMATIVE SHOWING THAT THE APPELLANT CONSENTED TO A SUBSTITUTION BY THE CONVENING AUTHORITY OF HIS DETAILED DEFENSE COUNSEL.

The original convening order detailed Lieutenant Commander Mitchell as defense counsel. It was dated 11 March 1980. A 21 March 1980 amendment relieved LCDR Mitchell and substituted…