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21 M.J. 41

United States v. Wattenbarger

United States Court of Military Appeals

Decided November 18, 1985

United States Court of Military Appeals · decided 1985-11-18

Relies on United States v. Wade · Gilbert v. California · Coleman v. Alabama

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-18

How this case has been cited

Cited by 16 later decisions — most recently September 2016

801985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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EVERETT, Chief Judge

¶1(concurring):

¶2Not every pretrial denial of counsel at a “critical stage” requires dismissal of charges or reversal of a conviction. Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970); United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967). However, the Government must establish that this constitutional error was harmless. Gilbert v. California, 388 U.S. 263, 272, 87 S.Ct. 1951, 1956, 18 L.Ed.2d 1178, 1186 (1967); cf. United States v. Remai, 19 M.J. 229 (C.M.A.1985). On the basis of my examination of this record, I agree with the principal opinion’s conclusion that here the Government has carried its heavy burden and has demonstrated that appellant’s defense was not impaired by the delay in appointing counsel to represent him.

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