United States v. Roach

STUCKY, Judge,

with whom RYAN, Judge, joins (dissenting):

Citing United States v. Bell, 11 C.M.A. 306, 29 C.M.R. 122, 1960 WL 4470 (1960), and United States v. May, 47 M.J. 478 (C.A.A.F.1998), the majority asserts that the issue before the Court “is not whether Appellant was deprived of his Sixth Amendment right to the effective assistance of counsel under Strickland, 466 U.S. 668, 104 S.Ct. 2052, but whether the court below ensured that the Government provided Appellant with representation under Article 70.” United States v. Roach, 66 M.J. at 419 (C.A.A.F. 2008). It then holds that the United…