United States v. Sanders

I concur that the defense counsel did not breach his duty of loyalty to his client, when acting as an officer of the court, he advised the military judge in an R.C.M. 802 Conference, that he had advised his client of the rescheduled trial date. (AOE II). I, however, do not believe it was necessary for the military judge to hold a formal “proceeding of record” to reset a trial date. The unique variables of military trial work, often conducted “on-the-road,” at sea, in war zones, etc., with many conflicting trial dates, warrants a more flexible, less rigid approach. This flexible approach is…