United States v. Smith

A

The majority opinion concludes “that appellant has failed to demonstrate that he suffered any prejudice as a result of counsel’s conversation.” 26 M.J. 152, 154. In my view, under the circumstances here, the burden rested on the Government to show that appellant suffered no prejudice — rather than on appellant to show the converse. *156See United States v. Stubbs, 23 M.J. 188 (C.M.A.), cert. denied, — U.S. -, 108 S.Ct. 142, 98 L.Ed.2d 98 (1987). However, I am convinced that the Government has carried this burden.1

B

The testimony given by a witness at the trial of appellant’s co-accused, Gettings,…