United States v. Swift

I dissent.

I cannot agree the requirements of the law in effect prior to our decision in United States v Tempia, 16 USCMA 629, 37 CMR 249, and that of the Supreme Court in Miranda v Arizona, 384 US 436, 16 L ed 2d 694, 86 S Ct 1602 (1966), were met in this case when, in compliance with the accused’s request for an attorney, he was furnished with an officer who was forbidden to establish an attorney-client relationship with him and to whom he could put only legal questions. To say our decisions in United States v Gunnels, 8 USCMA 130, 23 CMR 354, and United States v Wimberley, 16 USCMA 3, 36…