United States v. Witt

I concur with the majority of the Court in all respects regarding findings, post-trial processing, instructions, and the variety of additional systemic issues. I write separately in dissent from the majority’s opinion finding that the appellant failed to demonstrate ineffective assistance of counsel during the sentencing phase of his court-martial. Consistent with my original opinion on this case, United States v. Witt, 72 M.J. 727 (A.F.Ct.Crim.App.2013), I find trial defense counsel were constitutionally deficient in their representation of the appellant for their collective failure to…