CrimLaw

Here's a soap opera: Man accused of forcible sodomy in the Army. Army turns charges over to civilian authorities. Civilian authorities do not pursue the charges. Man re-enlists. Man blows the whistle on misbehavior in his chain of command. Military reopens and pursues the forcible sodomy charges. Man is assigned a Major in JAG to represent him. Major coerces man into homosexual relationship. Major fights so hard that he alienates the prosecution and another defense attorney has to negotiate with the prosecution. Man pleads to lesser charges. Man begins to fight his conviction. Major stands accused of the homosexual relationship and commits suicide.

The legal questions?

I. WHETHER APPELLANT WAS DENIED THE FUNDAMENTAL RIGHT TO CONFLICT FREE AND EFFECTIVE ASSISTANCE OF COUNSEL WHEN THE LEAD DEFENSE COUNSEL AND APPELLANT ENGAGED IN A SECRETIVE HOMOSEXUAL RELATIONSHIP.

II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT DETERMINED THAT APPELLANT?S SEXUAL RELATIONSHIP WITH HIS LEAD DEFENSE COUNSEL DID NOT CREATE A CONFLICT OF INTEREST DENYING APPELLANT EFFECTIVE ASSISTANCE OF COUNSEL.

Thanks to RDG for pointing the case out. Not many stranger.

Addendum: Since I posted this Southern Appeal has posted about it here and The Curmudgeonly Clerk has posted about it here. They provide interesting analysis.