United States v. Baker
United States Court of Appeals for the Armed Forces
58 M.J. 380 (2003)
- Written by Salina Kennedy, JD
Facts
Michael Baker (defendant) was tried on several charges before a special court-martial. During Baker’s trial, his attorneys became concerned that he intended to perjure himself. Baker’s attorneys held an off-the-record conversation with the military judge from which Baker was excluded. The military judge then told Baker that his attorneys had asked to withdraw from representing him. Baker agreed to testify without counsel after the military judge explained to him the procedure for doing so and the risks involved. The military judge directed Baker’s counsel to prepare memoranda detailing the circumstances surrounding Baker’s testimony. Baker’s attorneys failed to prepare the memoranda as directed. Baker testified in narrative form, responded to cross-examination, and answered several questions asked by the military judge. The court-martial convicted Baker of several offenses. The Court of Criminal Appeals affirmed, and Baker appealed, arguing that he had been deprived of his Sixth Amendment right to effective assistance of counsel.
Rule of Law
Issue
Holding and Reasoning (Effron, J.)
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