NMCCA has decided United States v. Davenport. This is another case alleging IAC for failing to advise of a SOR issue. However, for me there’s another point in the case. The petitioner also alleged he was told his conviction at Special court-martial was not a felony.
I have heard a special being referred to as a misdemeanor conviction and a general as a felony. I think that’s wrong. What the client should be told is that they will have to look at state law to determine if they have a felony. I have had to tell clients that their SPCM conviction will be or may be considered a felony in the state to which they intend going upon release from the military. On the other hand I’ve been pleased to be able to tell some clients that their GCM conviction is not considered a felony.