United States v. Dowell

I

CAPTAIN BLACK’S OBLIGATION TO COMPLY WITH THE McOMBER RULE.

The majority’s declaration, in Part III, that Captain Black’s notification to the accused that an additional charge had been preferred against him was “the ‘functional *42equivalent’ of interrogation” and, thereby, obligated Captain Black to comply with the rule in United States v. McOmber, 1 M.J. 380 (C.M.A. 1976), impels me to immediate disagreement. The majority acknowledge that under paragraph 32i)l), Manual for Courts-Martial, United States, 1969 (Revised edition), a unit commander, like Captain Black, has the “duty to inform ...…