United States v. Willis

In this case we are called upon to decide whether the defense counsel was statutorily disqualified from rep*115resenting the appellant at trial. Article 27, Uniform Code of Military Justice, 10 USC § 827, in pertinent part, mandates that “[n]o person who has acted for the prosecution may act later in the same case for the defense.” A problem is raised here because even though the defense counsel at trial stated, “I have acted only in the defense capacity in this case,” his name appears in the allied papers as the “judge advocate” with whom the case was “discussed” by the Army criminal…