United States v. Akbar

BAKER, Judge,*

with whom ERDMANN, Chief Judge, joins (dissenting):

Principle is hardest to hold in the face of countervailing virtue. For a judge that moment may arrive when knowing what is just, one must also consider what is fair. This is a ease about whether or not the military justice system was fair, not whether it was -just.

INTRODUCTION

Appellant raises fifty-nine issues on appeal. This Court heard oral argument on five issues. However, in my view, there is but one pivotal question: Did defense counsel provide ineffective assistance of counsel in the manner in which they presented…