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Legal Opinion

United States v. Walker

U.S. Navy-Marine Corps Court of Military Review

Decided March 24, 1978No. NCM 77 2223PublishedCited by 6 opinions

1Opinion of the Court

GRANGER, Judge:

The military judge failed to personally advise appellant of his right to testify, make an unsworn statement, or remain silent, as required by paragraph 53h of the Manual for Courts-Martial. In appellant’s presence, the judge did ask appellant’s trial defense counsel whether counsel had advised appellant of his rights to testify or remain silent, and received an affirmative response. This reminder to appellant did not encompass a reminder that he could make an unsworn statement. We are forbidden by paragraph 53h, supra, from assuming that counsel advised appellant of this right.…

2Cases cited8 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. Green v. United StatesSupreme Court of the United States · 1961
  3. Ball v. United StatesSupreme Court of the United States · 1891
  4. United States v. HawkinsUnited States Court of Military Appeals · 1976
  5. United States v. BookerUnited States Court of Military Appeals · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States v. HensleyU S Air Force Court of Military Review · 1979
  2. United States v. DavisU.S. Navy-Marine Corps Court of Military Review · 1979
  3. United States v. KoekU.S. Navy-Marine Corps Court of Military Review · 1978
  4. United States v. WilliamsU.S. Army Court of Military Review · 1986
  5. United States v. GagnonU.S. Navy-Marine Corps Court of Military Review · 1983

1 more not listed; retrieve them via the Exa API.

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