United States v. Fluellen

The granted issue in this case asks:

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHERE CIVILIAN DEFENSE COUNSEL FAILED TO CONTACT AND CALL WITNESSES THAT WOULD HAVE PROVIDED AN ALIBI DEFENSE FOR APPELLANT AND CORROBORATED HIS TESTIMONY.

The two witnesses considered in the granted issue were the co-accused, Private Reynolds, and the owner of a pizzeria in the vicinity of the crime scene, Mr. Jannotta. They, along with appellant, subsequently testified at Private Reynolds’ court-martial, where he was found not guilty of robbery. Final Brief at 4.

Defense counsel in this case…