Legal Opinion · Concurring in part, dissenting in part

United States v. Bingham

United States Court of Military Appeals

Decided April 23, 1971No. 23,771Published

1Concurring in part, dissenting in partFerguson, Judge

I concur in part and dissent in part.

I agree that the assignment of two military judges in the same court-martial appointing order, while erroneous, did not prejudice this accused nor was he prejudiced by the superfluous language in paragraph 21 of the same order. United States v Sayers, 20 USCMA 462, 43 CMR 302 (1971). I disagree, however, with the holding that the accused was properly informed, by the military judge, of the consequences of a guilty plea. United States v Care, 18 USCMA 535, 40 CMR 247 (1969).

In United States v Care, supra, this Court placed upon the military judge, or the…

2Cases cited3 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. United States v. CareUnited States Court of Military Appeals · 1969
  3. United States v. SayersUnited States Court of Military Appeals · 1971

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