Betonie v. Sizemore

ORDER AND OPINION

CHARLES R. SCOTT, District Judge.

The issue presented in this case is whether the Supreme Court decision of Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), applies to summary courts-martial proceedings under 10 U.S.C. § 820. The holding in that case is that “. . . absent a knowing and intelligent waiver, no person may be imprisoned for any. offense, whether classified as petty, misdemean- or, or felony, unless he was represented by counsel at his trial.” 407 U.S. at 37, 92 S.Ct. at 2012, 32 L.Ed.2d at 538. This Court knows of only one other case which…