2008 (Transition)
United
States v. Rhoades, 65 M.J. 393 (under the Sixth
Amendment, the accused in a
criminal proceeding has the right to the assistance of counsel for his
defense;
under the UCMJ, an accused has the right to representation by military
counsel
provided at no expense to the accused, and the accused may be
represented by
civilian counsel; the right to counsel of choice under the Sixth
Amendment, as
well as under the UCMJ, is not absolute; the need for fair, efficient,
and
orderly administration of justice may outweigh the interest of the
accused in
being represented by counsel of choice; for example, disqualification
of an
accused’s chosen counsel due to a previous or ongoing relationship with
an
opposing party, even when the opposing party is the government, does
not
violate the Sixth Amendment).
2007
2006
2005
United
States v. Davis, 60 MJ 469 (the Sixth Amendment
guarantees
that a servicemember tried by court-martial will receive competent,
effective
legal representation; the Sixth Amendment right to effective assistance
of
counsel at trials by court-martial is a fundamental right of
servicemembers).
2004
United
States v. Wiest, 59 MJ 276 (the right to counsel is
fundamental to our system of justice).
United
States v. Cain, 59 MJ 285 (members of the armed forces
facing
criminal charges, like their civilian counterparts, have a
constitutional right
to effective assistance of counsel).
United
States v. Seay, 60 MJ 73 (the Fifth Amendment right to
counsel
applies to pretrial interrogation; the Sixth Amendment provides
criminal
accused the right to counsel during criminal proceedings).
(when
an accused
has invoked his right to have counsel present during custodial
interrogation, a
valid waiver of that right cannot be established by showing only that
he
responded to further police-initiated custodial interrogation even if
he has
been advised of his rights; an accused, having expressed his desire to
deal
with the police only through counsel, is not subject to further
interrogation
by the authorities until counsel has been made available to him, unless
the
accused himself initiates further communication, exchanges, or
conversations
with the police).
(one
cannot
anticipatorily invoke the right to counsel prior to custodial
interrogation).
(custodial
interrogation may be reinitiated without counsel being present where a
suspect
is provided a meaningful opportunity to consult with counsel, and
subsequently
waives his right to counsel).
2003
United
States v. Dorman, 58 MJ 295 (individuals accused
of crime
shall have the assistance of counsel for their defense through
completion of
their appeal; this right includes the right to the effective assistance
of
counsel on appeal).
1999
United
States v. McClain, 50 MJ 483 (Sixth Amendment guarantee
of the
right to effective assistance of counsel means the right to counsel who
is
conflict free; to demonstrate a violation of this right an appellant
must
establish (1) an actual conflict of interests that (2) adversely
affects the
lawyer’s performance).