Argued on December 4, 2018. 

Issues: 

I. Did the lower court err not finding waiver of the right to request individual military counsel where Appellee was advised of his right to request an individual military counsel, agreed he understood the right but wanted instead to be represented by trial defense counsel, and made no motion for individual military counsel? 

II. Did the lower court err in not applying the Strickland ineffective assistance test where the government and trial judge played no part in the defense’s failure to request individual military counsel, and if so, did Appellee suffer ineffective assistance of counsel? 

III. If Strickland does not apply, did the lower court correctly find Appellee was deprived of his statutory right to request individual military counsel? 

IV. Did the lower court err in it’s prejudice analysis for Appellee’s asserted deprivation of his statutory right to individual military counsel when Appellee did not preserve the issue at trial, raised the issue for the first time on appeal, and has alleged no specific prejudice? 

CAAFlog case page: http://www.caaflog.com/category/october-2018-term/united-states-v-cooper/

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