United States v. Jorge

OPINION OF THE COURT

Ferguson, Senior Judge:

This appellant stands convicted by a special court-martial of unauthorized absence in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886. We granted his petition for review to determine whether the military judge erred to his prejudice by failing to advise him of his right to be represented at trial by civilian counsel as required by United States v Donohew, 18 USCMA 149, 39 CMR 149 (1969).

At the commencement of trial, the uniformed lawyer representing the appellant introduced himself as "individual military counsel” and stated…