United States v. Trakowski

DECISION

MILES, Judge:

We hold that an officer who conducts a pretrial confinement hearing is disqualified, as an investigating officer, from appointment as trial counsel. Because no challenge was made to the trial counsel’s qualifications and no prejudice was shown to the accused, we nonetheless affirm.1

Consistent with his pleas, the accused was convicted by a military judge, sitting as a special court-martial, of resisting apprehension, willful damage to military property, assault with a dangerous weapon and breach of restraint during correctional custody, violations of Articles 95, 108, 128…