United States v. Culp

With due respect for the scholarly approach of my brothers to the certified questions, I would normally decline to join them in reaching the constitutional issue presented to us by The Judge Advocate General. The questions on which our review is sought are purely hypothetical.

As indicated in the principal opinion, the board of review determined that accused’s pleas of guilty were improvident and that multiple prejudicial error existed. Having found that reversal was thus necessitated, it nevertheless went on to hold that the Sixth Amendment to the United States Constitution required an…