United States v. Johnson

Opinion of the Court

Ferguson, Julge:

In this case, the military judge, in his efforts to comply with the requirements laid down by this Court in United States v Donohew, 18 USCMA 149, 39 CMR 149 (1969), asked defense counsel whether he had “explained to the accused his rights concerning counsel.” Upon receiving an affirmative reply, he requested counsel to state the nature of this advice. Thereafter, the military judge did not personally question the accused, as required by Donohew, relative to his knowledge of “each of the elements of Article 38(b), as well as his understanding of his…