Legal Opinion

United States v. Hawkins

United States Court of Military Appeals

Decided September 17, 1976No. 31,646; CM 433499PublishedCited by 22 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

A recent change in the Manual for Courts-Martial mandates that, if a determination of guilt is reached in a trial by court-martial, “the military judge . will personally remind the accused of his rights to make a sown or unsworn statement to the court in mitigation or extenuation of the offenses of which he stands guilty, or to remain silent.” Paragraph 53h, MCM (change 1). Since the Manual provision falls within the President’s statutory authority to prescribe rules of trial procedure,1 and is not otherwise inconsistent with the Uniform Code of Military Justice, the…

3Cases cited5 opinions

  1. United States v. WareUnited States Court of Military Appeals · 1976
  2. United States v. DouglasUnited States Court of Military Appeals · 1976
  3. United States v. WilliamsUnited States Court of Military Appeals · 1970
  4. United States v. WilburnUnited States Court of Military Appeals · 1970
  5. United States v. BuskeU.S. Army Court of Military Review · 1975

4Cited by22 opinions

  1. United States v. MatthewsU.S. Army Court of Military Review · 1982
  2. United States v. SpiveyUnited States Court of Military Appeals · 1980
  3. United States v. CainU.S. Army Court of Military Review · 1978
  4. United States v. HensleyU S Air Force Court of Military Review · 1979
  5. United States v. DavisU.S. Navy-Marine Corps Court of Military Review · 1979

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