Legal Opinion · Concurring in part, dissenting in part

United States v. Kreutzer

Army Court of Criminal Appeals

Decided March 11, 2004No. ARMY 9601044Published

1Concurring in part, dissenting in partChapman, Senior Judge

I agree with the majority that appellant’s trial defense counsel were ineffective in their representation of appellant at the sentencing stage of appellant’s court-martial. I concur with their conclusion that there exists a “reasonable probability” that appellant’s sentence would have been different but for counsels’ deficient performance. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).1

*802I must disagree, however, with the majority’s conclusion that the military judge erred by denying the defense request for a mitigation specialist. In my opinion, the defense…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. Ake v. OklahomaSupreme Court of the United States · 1985
  4. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  5. Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1987

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