United States v. Condron

A remarkable transformation of the defense view of the evidence has been effected on appeal. At trial, defense counsel told the court-martial, in his opening argument, that the defense evidence would demonstrate the two killings perpetrated by the accused constituted only voluntary manslaughter because “done in the heat of sudden passion caused by adequate provocation.” There wasn’t a word about self-defense. Later, during discussion of proposed instructions, defense counsel three times indicated to the law officer that he did not see self-defense as an issue in the case. Now we are told the…