United States v. Jones

I cannot concur with the majority’s action which finds no prejudicial error and thereby rejects appellant’s assertion that he was prejudicially denied effective post-trial assistance of counsel. I believe appellant did not receive adequate representation after trial as guaranteed to him in United States v. Palenius, 2 M.J. 86 (CMA 1977). For this reason, I would set aside the convening authority’s action and return the record of trial for a new action after appellant is afforded the opportunity to submit to the convening authority such matters as he deems appropriate, with the advice and…