5 M.J. 717

UNITED STATES, Appellee, v. Specialist Four Kenneth P. HAHN, SSN [ XXX-XX-XXXX ], United States Army, Appellant.

SPCM 12957.

U. S. Army Court of Military Review.

26 June 1978.

*718Colonel Robert B. Clarke, JAGC, Major Benjamin A. Sims, JAGC, Captain Larry D. Anderson, JAGC, and Captain John M. Zoscak, Jr., JAGC, were on the pleadings for appellant.

Colonel Thomas H. Davis, JAGC, Lieutenant Colonel R. R. Boller, JAGC, and Captain Richard A. Kirby, JAGC, were on the pleadings for appellee.

Before CLAUSEN, CARNE and COOK, Appellate Military Judges.

OPINION OF THE COURT

PER CURIAM:

A substitute defense counsel was selected to conduct the Goode1 review in this case after the regularly appointed defense counsel had been separated from the service. While a substitution of counsel under these circumstances is appropriate,2 this proxy counsel admits to having performed his assigned duties without any contact or consultation with the appellant. For the reasons expressed in United States v. Economu, 2 M.J. 531 (A.C.M.R.1976), we consider counsel’s failure to contact the appellant and obtain, as a minimum, his tacit consent to be represented by the new counsel to be prejudicial error. See also United States v. Jones, 4 M.J. 545 (A.C.M.R.1977).3 Therefore, we must return the case for a proper Goode review and a new action.

As the case is not properly before us at this time,4 we decline to dispose of the other assertions of error. In this connection, however, we are specifically directing that a new review be written in this case in order that the other assertions of error raised by appellate counsel may be addressed below.

The action of the convening authority, dated 5 August 1977, is hereby set aside. The record of trial is returned to The Judge Advocate General for a new review and action.

United States v. Hahn
5 M.J. 717

Case Details

Name
United States v. Hahn
Decision Date
Jun 26, 1978
Citations

5 M.J. 717

Jurisdiction
United States

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