CAAF today issued this fact-specific opinion rejecting an IAC claim based on a trial defense counsel’s failure to seek psychiatric records of a complaining witness. United States v. Green, __ M.J. ___, No. 09-0523/AF (C.A.A.F. Feb. 24, 2010). Judge Stucky wrote for a unanimous court. CAAF concluded that failure to seek the records, if they existed, wasn’t prejudicial.
CAAF also indicated that the Air Force Court erred during its analysis of the IAC claim by considering court members’ statements “that they had only convicted Appellant of offenses for which there was corroborating evidence.” But because CAAF reviews IAC claims de novo, it found that the error didn’t matter.