United States v. McIntosh

Judge STUCKY delivered the opinion of the Court.

Appellant argues that his counsel provided ineffective assistance by failing to seek admission of the results of two potentially exculpatory physical examinations of the victim. We hold that trial defense counsel’s performance was not deficient and, therefore, not constitutionally ineffective.

I. Background

Appellant raped and assaulted his stepdaughter beginning in 2006 and ending in April 2010. A general court-martial convicted him of one specification of rape of a child between twelve and sixteen years of age on divers occasions over a…