Middendorf v. Henry

Mr. Justice Marshall,

with whom Mr. Justice Brennan joins, dissenting.

We only recently held that, absent a waiver, “no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial.” Argersinger v. Hamlin, 407 U. S. 25, 37 (1972). Today the Court refuses to apply Argersinger’s holding to defendants in summary court-martial proceedings. Assuming for purposes of its opinion that the Sixth Amendment applies to courts-martial in general, the Court holds that, because of their special characteristics, summary…