United States v. Barnack

DECISION

The accused was tried by military judge alone. As pointed out in the individual defense counsel’s Goode response to the review of the staff judge advocate, the record discloses several comments by the prosecutor which exceeded acceptable *800bounds of fair advocacy, and affronted the spirit, if not the letter, of the ABA Standards, The Prosecution Function, §§ 5.8(b), 5.8(c), 5.9, and 6.1(a). See, United States v. Doctor, 7 U.S.C.M.A. 126, 21 C.M.R. 252 (1956). On balance, we also find it difficult to conclude that the trial counsel maintained the courteous and respectful attitude…