On Tuesday, CAAF issued a summary disposition setting aside a CA’s action due to post-trial IAC.  United States v. McCary, __ M.J. __, No. 11-0243/AR (C.A.A.F. March 15, 2011).  CAAF held, “Appellant was denied his Sixth Amendment right to effective assistance of counsel in post-trial representation, where his trial defense counsel asserted in his clemency submission that Appellant had a prior federal conviction for violating a general order and adultery, when no such conviction was part of the record.”  CAAF reversed ACCA’s decision, set aside the CA’s action, and remanded the case for a new action.  I couldn’t find ACCA’s decision on its web site.

One Response to “CAAF finds post-trial IAC”

  1. Frank Rosenblatt says:

    Post-trial rights in the RCM 1100 series are additional administrative constructs in courts-martial that are not found in civilian criminal trials. Thus, I am surprised to hear that an error in an RCM 1105 submission amounts to a Sixth Amendment violation.