United States v. Williams

Opinion of the Court

Duncan, Judge:

We granted review in this case to determine whether it was prejudicial error for a member of the prosecution listed in the appointing orders to appear and act as the accused’s defense counsel.

On October 22, 1970, the appellant was charged with two specifications alleging possession and sale of heroin, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. At the Article 32 investigation he was represented by Captain Jacobsen, individually selected counsel. On December 5, 1970, these charges were referred to a general court-martial…