Legal Opinion

United States v. Zerbe

U.S. Army Court of Military Review

Decided November 12, 1985No. CM 446771Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The trial judge erred when he failed to comply with R.C.M. 1010 by not inquiring of the accused to ensure that he understood his post-trial and appellate rights. Simply put, the judge must communicate to an accused his post-trial and appellate rights and the accused must communicate to the judge his understanding of those rights. This communication process, which may be either verbal or written, or a combination thereof, must be reflected on the record and must take place before adjournment. R.C.M. 1010 contemplates nothing more or less. See United States v. Grider, 21…

3Cases cited2 opinions

  1. United States v. GreenU.S. Army Court of Military Review · 1985
  2. United States v. RogersU.S. Army Court of Military Review · 1985

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