United States v. Tyson

DeCICCO, Senior Judge:

In this case, we hold that where it is necessary to appoint a substitute defense counsel after trial to represent a convicted service member for the purpose of reviewing the recommendation of the staff judge advocate, and where the service member does not keep counsel advised of his or her whereabouts while on appellate leave, the service member will not be entitled to relief because the substitute counsel was unable to make contact with him and form an attorney-client relationship, as mentioned in Rule for Courts-Martial [R.C.M.j 1106(f)(2), before examining the…