United States v. Hahn

OPINION OF THE COURT

A substitute defense counsel was selected to conduct the Goode1 review in this case after the regularly appointed defense counsel had been separated from the service. While a substitution of counsel under these circumstances is appropriate,2 this proxy counsel admits to having performed his assigned duties without any contact or consultation with the appellant. For the reasons expressed in United States v. Economu, 2 M.J. 531 (A.C.M.R.1976), we consider counsel’s failure to contact the appellant and obtain, as a minimum, his tacit consent to be represented by the new…