Legal Opinion

United States v. Cote

U S Air Force Court of Military Review

Decided July 30, 1981No. ACM 22901PublishedCited by 6 opinions

1Opinion of the Court

DECISION

MAHONEY, Judge:

Due to a conflict of interests, the military judge ruled that the accused's detailed defense counsel was disqualified from representing him at trial, and over the accused’s protest, excused the detailed defense counsel from further participation in the trial. Appellate defense counsel contend, and we agree, that the attorney-client relationship was improperly severed. We also hold that since the findings and sentence were adjudged by a court-martial expressly precluded from trying the accused’s case, they are a nullity.

At the initial trial session, the detailed defense…

2Cases cited17 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. United States v. GoodeUnited States Court of Military Appeals · 1975
  3. United States v. GravesUnited States Court of Military Appeals · 1975
  4. United States v. BreeseUnited States Court of Military Appeals · 1981
  5. United States v. WaltersUnited States Court of Military Appeals · 1954

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3Cited by6 opinions

  1. United States v. CaldwellUnited States Court of Military Appeals · 1983
  2. United States v. SmileyU S Air Force Court of Military Review · 1983
  3. United States v. WheelerArmy Court of Criminal Appeals · 2002
  4. United States v. BrewerU.S. Army Court of Military Review · 1983
  5. United States v. HerodU S Air Force Court of Military Review · 1986

1 more not listed; retrieve them via the Exa API.

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