United States v. Smith

OPINION OF THE COURT

COOK, Senior Judge:

The controlling issue in this case concerns a ruling by the trial judge. The regularly appointed trial defense counsel, in his effort to challenge the pretrial decision that individual military counsel requested by accused was not reasonably available,1 informed the trial judge that he desired to present evidence. The trial counsel, on inquiry from the judge, interposed no objection. Nevertheless, the trial judge declined to permit the defense counsel to proceed. The judge’s rationale appears in the following excerpt from the record of trial.

“MJ: In…