An unusual summary disposition

Last year we took up the appeal of an Army sergeant. After reading the record of trial, I went to meet with the client at the JRCF, Fort Leavenworth, KS to hear from him.  (I make every effort to visit an appellant client in person.) We investigated and interviewed witnesses to develop a case of ineffective assistance of the military defense counsel.

We filed our brief asking for a Dubay hearing to investigate the claims.  The Army court ordered a Dubay hearing. A Dubay hearing is uncommon.  The Order is here.

We represented the client at the Dubay hearing.  The military judge issued his findings of fact and conclusions of law (which are here)

In another unusual move yesterday, the Army Court of Criminal Appeals set aside the findings and sentence in a summary decision–no discussion.

[My colleagues and I are seeing an unusual rise in the number of sexual assault claims that suddenly arise at the time of a messy divorce or child custody proceeding, often coupled with threats to get revenge through ruining the client’s life.  Should you be in this position give us a bell at 703-298-9562 or drop an eMail to mljucmj@court-martial.com.]