“ If the accused expresses a desire to be represented by individual military counsel, the defense counsel will immediately report the fact to the convening authority, through the trial counsel. Unless the accused otherwise desires, the defense counsel will undertake the immediate preparation of the defense without waiting for the detail or retention of any individual counsel. If the accused is represented by military counsel of his own selection, detailed defense counsel normally shall be excused. ”
Summary
“Executive Order 12340”, is a work by . It explores elements such as individual military counsel, the Court of Military Review and convening.
Quotes from Executive Order 12340 ()
“ If the officer who exercises immediate general court-martial jurisdiction over the accused is not the officer who convened the court, or his successor in command, the Judge Advocate General shall also transmit a copy of the decision of the Court of Military Review to the convening authority who convened the court for his information. ”
“ If a request for a person to act as individual military counsel is denied, which denial is upheld upon administrative appeal (if available under paragraph 48b (3) ) in command channels, and if the accused so requests, the military judge shall ensure that a record of that matter is included in the record of trial, and may make findings as to any disputed facts. The trial counsel may request a continuance to inform the convening authority of those findings. ”
