United States v. Willis

Opinion of the Court

Quinn, Judge:

Article 27, Uniform Code of Military Justice, 10 USC § 827, provides in part that no person “who has acted for the prosecution may act later in the same case for the defense.” On this appeal, the accused contends that this prohibition against inconsistent representation was violated, notwithstanding appointed defense counsel’s averment at trial that he had not “so acted.”

Captain J. F. Motley was the appoint*113ed trial defense counsel. His first appearance for the accused, however, occurred about a month earlier. The accused had requested counsel for the Article…