United States v. Forney

OPINION OF THE COURT

The main issue to be decided in this case is whether the government complied with United States v. Goode, 23 U.S.C.M.A. 367, 50 C.M.R. 1, 1 M.J. 3 (C.M.A.1975) when it served the staff judge advocate’s review and record of trial on an attorney who was no longer representing appellant.

Appellant, who pleaded guilty to larceny and robbery was represented at the proceeding below by his retained civilian attorney, Mr. Joel A. Cohen. His detailed defense counsel, Captain G. was not present. The military judge, after finding the appellant guilty, sentenced him to a bad-conduct…