United States v. Hubbard

Opinion of the Court

DARDEN, Judge:

The trial counsel in this case was the deputy staff judge advocate. In that position he was the immediate superior officer of the trial defense counsel and the assistant defense counsel, and he endorsed their efficiency reports. Whether such a relationship inherently deprived the appellant of due process is the question that engages the Court’s attention.

A general court-martial at Fort Jackson, South Carolina, tried the appellant for unpremeditated murder and an unauthorized absence. It convicted him of voluntary manslaughter and of an absence of a period…