United States v. Kelly

This case involves review of the practice whereby the Government ascertains an accused’s desire for individual military counsel and then formally appoints that attorney as detailed defense counsel for his court-martial. The precise question facing this Court is whether such action extinguishes any right of the accused to the service of a second military attorney who, at the behest of the convening authority, had previously assisted him with respect to the same criminal charges. The United States Coast Guard Court of Military Review concluded such a practice complied with Articles 27 and…