Court-Martial Trial Practice Blog
United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009) has been decided. There was error, but found to be constitutionally harmless.
After a captain with very little defense experience was detailed to represent a retirement-eligible lieutenant colonel, the Chief Defense Counsel of the Marine Corps detailed a highly respected Marine Reservist LtCol as a defense counsel in the case. From this point on the convening authority and the first military judge on the case refused to recognize or deal with LtCol Shelburne as a detailed counsel. A second judge did accept the detailing. The issue was money, who pays for the LtCol.