United States v. Carter

Opinion of the Court

Ferguson, Judge:

Since the record in this case fails to reflect compliance with this Court’s directive in United States v Donohew, 18 USCMA 149, 39 CMR 149 (1969), reversal is required. United States v Fortier, 19 USCMA 149, 41 CMR 149 (1969); United States v Bowman, 20 USCMA 119, 42 CMR 311 (1970).

At the outset of this general court-martial, the following colloquy appears :

“MJ: All right, Captain Andrews, have you advised the accused of his right to be represented by a lawyer under the meaning of Article 38b of the Code?

“DC: Yes, sir. I have. I have informed him that he…