In the context of a court-martial, ineffective assistance of counsel refers to a claim by a military defendant that their defense counsel provided them with legal representation that fell below an objective standard of reasonableness and that this deficient representation prejudiced the outcome of their case. Under the Uniform Code of Military Justice (UCMJ), military…
Continue reading ›Today the court will hear oral argument in Premo v. Moore, a case with potential ramifications for court-martials. Courtesy of SCOTUSBlog here is a summary: The Sixth Amendment secures a criminal defendant’s right to effective assistance of counsel. Under Strickland v. Washington (1984), that right is violated when a lawyer’s performance falls below an objective…
Continue reading ›On Wednesday, ACCA will hear oral argument in United States v. Vargaspuentas, No. ARMY 20091096, on these three interesting issues: I. WHETHER APPELLANT’S TRIAL DEFENSE COUNSEL INFORMED HIM HIS GUILTY PLEA MIGHT RESULT IN DEPORTATION. II. WHETHER COUNSEL’S ADVICE REGARDING DEPORTATION WAS INEFFECTIVE. SEE PADILLA V. KENTUCKY, 08-651 (2010); STRICKLAND V. WASHINGTON, 466 U.S. 668…
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