United States v. Melson

Judge ERDMANN delivered the opinion of the court.

Applying the principles set forth in United States v. Ginn, 47 M.J. 236 (C.A.A.F.1997), the United States Air Force Court of Criminal Appeals concluded that Staff Sergeant Benny C. Melson’s defense counsel was ineffective for failing to raise a claim of illegal pretrial punishment at trial under Article 13, *347Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 813 (2000). United States v. Melson, No. ACM 36523, 2007 CCA LEXIS 372, at *18, 2007 WL 2791708, at *6 (A.F.Ct.Crim. App. Sept. 14, 2007) (unpublished). As a result of that determination, the…