United States v. Jarvis

*261Opinion of the Court

Darden, Chief Judge:

In this case the accused was tried before the same military judge and defended by the same counsel who performed in a closely related case. In that case the defense tactic was to blame the accused. Our conclusion is that such a coincidence caused the accused in this case to be unacceptably handicapped in his defense.

On the night of April 1, 1970, two German policemen observed the accused and Private First Class Barry A. Levine in the process of robbing a German national. When the two soldiers left, the policemen approached the victim, confirmed their…