United States v. Ayala

GLADIS, Judge:

I

In this case the accused asks us to order a rehearing because the military judge misadvised him of his rights to counsel. In the absence of any showing by the accused that he was actually misled by the judge’s erroneous advice, we find no prejudice and affirm. See Uniform Code of Military Justice (UCMJ) Article 59(a), 10 U.S.C. § 859(a); United States v. Johnson, 21 M.J. 211, 216, 217 (C.M.A.1986). Cf. United States v. Skaar, 20 M.J. 836 (N.M.C.M.R.1985) (en banc).

II

The military judge erred in advising the accused of his rights to counsel by stating he had a right to request…