United States v. Mansfield

Although I agree with a substantial portion of the majority’s opinion, I must dissent from their analysis of the first two issues — ineffective assistance of counsel and the admission of the “Life Story.”

In our prior review of this case, we were required to address the issue of ineffectiveness of counsel at appellant’s first trial. Seeking adequate facts to decide the issue, we remanded the case for a DuBay-type evidentiary hearing. Our remanding order listed the issues on which we needed further information. The military judge who presided at the evidentiary hearing mistook our order as a…