Asked in Military Law for Texas

Q: Does a Trial Counsler have to review personnel files(counselings, evaulations,etc)an investigator before a court martial

Does a Trial Counsler have to (or have the right) to review personnel files (counselings, evaultions, etc.) prior to a court martial for a subject that was interviewed and processed by that investigator?

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1 Lawyer Answer
Bradley M. Glaze
Bradley M. Glaze
  • Military Law Lawyer
  • Madison, MS

A: There are a few words and phrases that you use that really need defining to provide you with the best answer to this question, but I'll give you my opinion, based upon what is asked here. As with all of the answers provided here, this answer does not constitute legal advice, and you should always consult an attorney to review the specific facts of your situation in order to protect your rights. By "subject", I am assuming that you mean someone who is a suspect in a criminal investigation; by "processed by that investigator", I am assuming that you mean that the suspect was interviewed by the investigator. A Trial Counsel (military prosecuting attorney) does not HAVE to review the personnel file prior to the court-martial, but if the suspect is the person who is charged in the court-martial, the Trial Counsel, and the suspect's Defense Counsel (TDS Attorney and/or Civilian Defense Attorney) will almost certainly look at the personnel file. While it is possible that this file could be relevant to the charges, it is certainly relevant to sentencing issues that will arise during sentencing phase of the court-martial.

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