United States v. Malumphy

Memorandum Opinion of the Court

Kilday, Judge:

After our decision in United States v Malumphy, 12 USCMA 639, 31 CMR 225, affirming his conviction for aggravated assault, but before promulgation of our mandate, accused filed a timely petition for new trial pursuant to the provisions of Article 73, Uniform Code of Military Justice, 10 USC § 873. Said petition was initially grounded upon accused’s allegation that trial counsel had entered into an attorney-client relationship with him with respect to the offenses he later prosecuted as trial counsel, the impropriety of which action accused did not…