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officers detailed to the court are defense counsel, trial counsel (prosecutor), and military judge; special court-martial panel comprises three or more members, at least one-third of whom are enlisted if requested by an enlisted accused; accused service member may request a trial by judge alone in lieu of trial by a panel of members
Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office.
The President of the United States is, according to the Constitution, the Commander-in-Chief of the U.S. Armed Forces and Chief Executive of the Federal Government. The Secretary of Defense is the "Principal Assistant to the President in all matters relating to the Department of Defense", and is vested with statutory authority (10 U.S.C. § 113) to lead the Department and all of its component ...
The Texas Military Department is required by law to maintain duplicate federal and state offices for many administrative functions such as human resources, finance, and payroll. TMD divides these traditional agency functions between federal administrative offices under the adjutant general's chief of staff and a state executive director.
Unlike most civilian criminal jurisdictions in the United States, the military does not require that a defendant prove an inability to pay in order to receive defense counsel at government expense. [10] Counsel appearing before the court must be admitted to the Bar of the Court or obtain permission of the court to appear in a specific case.
The Supreme Court ruled 8–1 that effective legal counsel is a right but in order to prove the counsel is ineffective, the defendant needs to prove (1) their lawyer's performance was below a certain standard and (2) there is a chance that if it was not for the ineffectiveness, a different result could have occurred. [18]
Two Texas men have been convicted in federal court in Columbus for providing unapproved, substituted parts to the United States military for defense and weapons systems.
This position was established by Reorganization Plan No. 6 of 1953 and by Defense Directive 5145.1, signed 24 August 1953. The position derived its responsibilities from one of the original three Special Assistants to the Secretary (established in 1947) and the Assistant Secretary of Defense (Legal and Legislative Affairs) (established in 1949 ...