MILITARY JUSTICE PERSONNEL: Staff Judge Advocate: Responsibilities

2008 (Transition)

United States v. Travis, 66 M.J. 301 (an SJA should be attentive to whether the defense intends to submit clemency matters and, where there are clear indications that the defense intends to submit matters, the SJA need not rush to action in the absence of the anticipated clemency material - particularly where communications are problematic).   



United States v. Canchola, 64 M.J. 245 (where operational requirements affect post-trial processing delays, staff judge advocates and convening authorities should ensure that those reasons are documented in the record of trial).


United States v. Knight, 53 MJ 340 (where an accused challenges the adequacy of his counselís trial representation and where he expresses a desire to sever his relationship with counsel, a staff judge advocate who becomes aware of the potential conflict of interest must notify the defense counsel of appellantís complaint so that the issue of further representation can be resolved).


United States v. Bradley, 51 MJ 437 (staff judge advocate may not engage in conduct which dissuades defense witnesses from testifying truthfully at courts-martial; staff judge advocateís conversation with a defense witness did not result in any prejudice to the accused where, although the witness lost some enthusiasm for testifying, she decided to testify and did in fact testify, and appellant did not show what, if any, testimony was withheld by the witness as a result of conversation with staff judge advocate).

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