Legal Opinion · Dissent

United States v. Griffin

United States Court of Military Appeals

Decided November 27, 1964No. 17,568Published

1DissentFerguson, Judge

I dissent.

In my opinion, not only was it error for the law officer to fail to inquire into the providence and voluntariness of accused’s plea of guilty but it was prejudicial error. The inquiry is required by the terms of the Manual for Courts-Martial, United States, 1951; it was understood by Congress in enacting Uniform Code of Military Justice, Article 45, 10 USC § 845, that such would be done in every case; and we have heretofore uniformly held receipt of a plea of guilty necessitated an ex*141planation of its meaning and effect. United States v Butler, 9 USCMA 618, 26 CMR 398; United States…

2Cases cited15 opinions

  1. Von Moltke v. GilliesSupreme Court of the United States · 1948
  2. Kercheval v. United StatesSupreme Court of the United States · 1927
  3. Shelton v. United StatesSupreme Court of the United States · 1958
  4. United States v. RinehartUnited States Court of Military Appeals · 1957
  5. United States v. OdenwellerUnited States Court of Military Appeals · 1962

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