In United States v. Edwards, __ M.J. ___ (C.A.A.F. Apr. 14, 2022), the court sets aside the sentence. All five judges found trial counsel error, but Chief Judge Ohlson and Judge Sparks would find no prejudice and affirm the findings and sentence. R.C.M. 1001A
These artistic elements were incorporated into the video for the purpose of delivering a non-written and nonoral message to the panel, but to whom should we attribute that message? We believe the answer to that question must be to Government trial counsel. In producing the video, trial counsel made creative and organizational decisions that lead us to believe that the video incorporated her own personal artistic expression.
This would not be the first time for something like this. Usually the MJ shuts down the music and any voice-over to the slide show.
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook