Legal Opinion
Daigle v. Warner
Court of Appeals for the Ninth Circuit
Decided October 24, 1973No. 72-2801PublishedCited by 13 opinions
1Opinion of the Court
OPINION
EUGENE A. WRIGHT, Circuit Judge:
In this habeas corpus proceeding, petitioners attack their convictions at summary courts-martial on the basis that they were not afforded representation by counsel. We must decide whether the Sixth Amendment’s guarantee of counsel in criminal prosecutions, as interpreted and applied in Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972),1 is applicable to *360trials before summary courts-martial. We hold that it is not. We must also decide whether the Fifth Amendment’s guarantee of due process of law requires the military to appoint…
2Cases cited44 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
39 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Middendorf v. HenrySupreme Court of the United States · 1976
- Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
- Elliott v. WeinbergerDistrict Court, D. Hawaii · 1974
- Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986
- Daigle v. WarnerCourt of Appeals for the Ninth Circuit · 1974
8 more not listed; retrieve them via the Exa API.