United States v. Culp

It has long been my position that service personnel “are entitled to the rights and privileges secured to all under the Constitution of the United States, unless excluded directly or by necessary implication, by the provi*217sions of the Constitution itself.” United States v Sutton, 3 USCMA 220, 228, 11 CMR 220, dissenting opinion; United! States v Voorhees, 4 USCMA 509, 16 | CMR 83. Hence, I disagree with the conclusion that the Sixth Amendment’s guarantee of the right to counsel is not applicable to trials by courts-martial. However, Article 38 (b) of the Uniform Code of Military Justice, 10…