United States v. Staff Sergeant D

Outcome: Client received military retirement

Description: U.S. v. SSgt D, 65 M.J. 562 (NMCCA 2006). In 2000, SSgt D USMC was preparing for a general court-martial with his attorney, Captain Richard Armstrong USMC. After the Article 32 investigation and prior to the trial, the Staff Judge Advocate at MCAS Miramar, CA, unilaterally reassigned Captain Armstrong within the Miramar office, severing the attorney-client relationship. SSgt D requested that then Lieutenant Colonel Bruce White USMC, the senior defense counsel at Camp Pendleton, defend him at his pending trial. For the trial, the Commanding General placed very senior members on the panel (jury). The panel included mostly sitting 0-5 and 0-6 commanding officers and command Sergeants Major. Bruce White filed motions attacking the severance of the Armstrong-SSgt D attorney-client relationship and also for "court stacking." Despite White's vigorous arguments, Judge Folsom denied both motions. The very senior panel convicted SSgt D and gave him a Bad Conduct Discharge (BCD). At the time of trial, he had 16 years of stellar service, including service in combat. In 2006, the Navy-Marine Court of Criminal Appeals (NMCCA) completely agreed with Bruce White's original severance motion. The Court found that the Miramar SJA wrongfully severed the Armstrong-SSgt D attorney-client relationship. NMCCA fully reversed the case and remanded it for retrial at Miramar. NMCCA did not need to address the court stacking issue, which also may have caused reversal. SSgt D then returned to active duty and again requested that then Colonel Bruce White defend him. The request was granted, and SSgt D and Bruce White began preparing for the retrial. In 2007, the government opted to dismiss the criminal case and settled the case administratively. By this time, the client had 22 years of service and was able to retire. The case set important published precedent on the sanctity of the attorney-client relationship in the military. See U.S. v. SSgt D, 65 M.J. 562 (NMCCA 2006).