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Legal Opinion

United States v. Mogavero

U S Air Force Court of Military Review

Decided June 18, 1985No. ACM S26666PublishedCited by 6 opinions

1Opinion of the Court

DECISION

HODGSON, Chief Judge:

A military accused has the right to defend himself pro se so long as he is sui juris, mentally competent and clearly and unequivocally makes known his desire to act as his own lawyer. R.C.M. 506(d); United States v. Howell, 11 U.S.C.M.A. 712, 29 C.M.R. 528 (1960); United States v. Tanner, 16 M.J. 930 (N.M.C.M.R.1983); see Chapman v. United States, 553 F.2d 886 (5th Cir.1977). When an accused asks to defend himself, the only question for the court is whether the decision was intelligently and competently made. His technical knowledge of the intricacies of legal…

2Cases cited8 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Don Garriga Chapman v. United StatesCourt of Appeals for the Fifth Circuit · 1977
  3. United States v. Robert R. RomeroCourt of Appeals for the Ninth Circuit · 1981
  4. United States v. Jack AponteCourt of Appeals for the Ninth Circuit · 1978
  5. Carl Edwin Wiggins v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1982

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3Cited by6 opinions

  1. United States v. ProctorU S Air Force Court of Military Review · 1992
  2. United States v. FreemanU.S. Navy-Marine Corps Court of Military Review · 1989
  3. United States v. MixU.S. Army Court of Military Review · 1991
  4. United States v. SparksU S Air Force Court of Military Review · 1988
  5. United States v. FoxU S Air Force Court of Military Review · 1990

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

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