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Legal Opinion

United States v. Whitmire

United States Court of Military Appeals

Decided March 24, 1972No. 24,515PublishedCited by 19 opinions

1Opinion of the Court

Opinion of the Court

Quinn, Judge:

The Government concedes that the trial judge did not directly question the accused and obtain his personal response as to his knowledge and understanding of the right to select individual military counsel, if reasonably available, to represent him. United States v Donohew, 18 USCMA 149, 39 CMR 149 (1969); United States v Woodall, 20 USCMA 454, 43 CMR 294 (1971). However, it contends the omission was not prejudicial to the accused because defense counsel at *269trial was, in fact, his personally-selected counsel.

Four circumstances are relied upon to support the…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. DonohewUnited States Court of Military Appeals · 1969
  3. United States v. AllbeeUnited States Court of Military Appeals · 1955
  4. United States v. PraterUnited States Court of Military Appeals · 1971
  5. United States v. BacaUnited States Court of Military Appeals · 1963

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3Cited by19 opinions

  1. United States v. MorenoCourt of Appeals for the Armed Forces · 2006
  2. United States v. BanksUnited States Court of Military Appeals · 1979
  3. United States v. CopesUnited States Court of Military Appeals · 1975
  4. United States v. JerasiU.S. Navy-Marine Corps Court of Military Review · 1985
  5. United States v. ClevidenceU S Coast Guard Court of Military Review · 1981

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

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