United States v. Radford

DECISION

MILES, Judge:

This case raises delicate questions about the duties of trial defense counsel. Appellate defense counsel argue that the trial defense counsel should have been excused because of ethical constraints which precluded him from aiding testimony known to him to be false. We disagree, and hold that the accused received the effective assistance of counsel throughout the proceedings. We also hold that the military judge did not err to the prejudice of the accused by commenting that the introduction of alibi evidence necessitated a delay.

Contrary to his pleas, accused was convicted…