With the military judge at the trial level rebuffing motions for the appointment of a “death-qualified” counsel in the double-murder trial of Sgt Joseph Bozicevich, he is now seeking relief from the Army Court of Criminal Appeals. Anyone have a copy of the documents filed at ACCA that you’d like to share with us? Please send to nimj@wcl.american.edu.

This case raises an issue that the first Cox Commission identified a decade ago and one that LCDR Stephen Reyes wrote about just a few months ago. Unlike most civilian jurisdictions within the US (including, to some extent, the military commissions), the court-martial system does not have specific “learned counsel” requirements for defense counsel representing accuseds in capital cases. Given the oft-repeated mantra that “death is different,” this is, to say the least, troubling.

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