United States v. Barnes

Opinion of the Court

We granted review to determine whether corrective action as to the sentence is required because the military judge failed to advise appellant of his right to remain silent, as provided by paragraph 53h, Manual for Courts-Martial, United States, 1969 (Revised edition).

The record of trial reflects that the judge informed appellant of his right to present sworn testimony or an unsworn statement, but he did not specifically advise appellant of the right to remain silent. Trial defense counsel submitted an unsworn statement on behalf of his client. Appellant now claims that…