United States v. Baker

I dissent.

In questioning the accused relative to his knowledge and understanding of his entitlement to the advice and assistance of counsel, in accordance with the provisions of Article 38(b), Uniform Code of Military Justice, 10 USC § 838 (United States v Donohew, 18 USCMA 149, 39 CMR 149 (1969)), the military judge failed to determine whether Baker was aware that detailed military counsel would act as associate counsel in the event Baker desired to be represented by civilian or military counsel of his own selection and wanted detailed counsel to remain. For the reasons set forth in my…