United States v. Lewis

26. The question whether affidavits should be ordered from defense counsel with respect to an appellant’s ineffective-assistance-of-counsel claim is now entrusted to *7the Court of Criminal Appeals. I agree with this holding, provided that the decision of that court on this question is subject to legal review by this Court. See Art. 67, Uniform Code of Military Justice, 10 USC § 867.

27. I also agree that the decision to order a proceeding under United States v. DuBay, 17 USCMA 147, 37 CMR 411 (1967), after affidavits have been received is now entrusted to the Court of Criminal Appeals. Again,…