United States v. Elzy

OPINION OF THE COURT

WOLD, Senior Judge:

Appellant pled not guilty and was tried by a military judge sitting alone. The trial defense counsel made an unsuccessful pretrial motion, to withdraw, had appellant testify in narrative form, and did not argue appellant’s testimony to the trial judge on findings. Even though counsel’s actions might have inferentially signaled to the judge that he did not believe all of appellant’s testimony was truthful, we hold that appellant was not deprived of the effective assistance of counsel. The Sixth Amendment to the Constitution does not guarantee either the…