Aaron Hodge v. United States

ELY, Circuit Judge, with whom HUF-STEDLER, Circuit Judge,

joins (dissenting):

I respectfully dissent. The panel which originally heard this appeal consisted of Judge Merrill, District Judge Albert Lee Stephens, Jr.,A and me. With Judge Merrill dissenting, the panel determined that the judgment of conviction must be reversed. Its disposition was based solely upon the conclusion, carefully explained, that the record, when viewed in the light of the strict standards of existing precedents, did not adequately disclose a “knowing and intelligent” waiver by the appellant of his constitutional right…