United States v. Harris

I dissent from the Court’s holding that the requirements of United States v. Donohew, 18 U.S.C.M.A. 149, 39 C.M.R. 149 (1969), were satisfied in this case.

Donohew requires that the record of trial contain the accused’s personal response to direct questions incorporating each of the elements of Article 38(b), Uniform Code of Military Justice (UCMJ), as well as his understanding of his entitlement thereunder. Article 38(b) provides that the accused has the right to be represented by the defense counsel detailed under Article 27(b), UCMJ, 10 U.S.C. § 827(b).

In this case the original convening…