Legal Opinion · Dissent

United States v. Hauber

U.S. Navy-Marine Corps Court of Military Review

Decided March 31, 1982No. NMCM 81 2753Published

1DissentBaum, Senior Judge

Appellant has assigned two errors in summary fashion which the majority has summarily rejected. I disagree with my brothers’ treatment and ultimate resolution of the case. While I do not concur with the first assignment of error as phrased, it does allude to a matter that, in my opinion, requires reversal of this case. The assignment asserts that:

THE APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL IN THAT HIS DETAILED DEFENSE COUNSEL HAD FORMED AN ATTORNEY-CLIENT RELATIONSHIP WITH THE SERVICEMAN FROM WHOM THE APPELLANT OBTAINED POSSESSION OF THE DRUGS, AND ON WHOSE BEHALF THE…

2Cases cited3 opinions

  1. United States v. GarciaCourt of Appeals for the Fifth Circuit · 1975
  2. United States v. DavisUnited States Court of Military Appeals · 1977
  3. United States v. CahillU.S. Navy-Marine Corps Court of Military Review · 1977

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