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United States Court of Military Appeals, 1969

United States v. Graan

United States v. Graan
United States Court of Military Appeals · Decided September 19, 1969 · Darden, Ferguson, Quinn
18 C.M.A. 586; 18 USCMA 586; 40 C.M.R. 298; 1969 CMA LEXIS 712; 1969 WL 6088
United States v. Graan

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Opinion of the Court

Darden, Judge:

The scrutiny given the providence of the appellant’s plea of guilty to the offenses charged is not so dif*587ferent from that found in United States v Care, 18 USCMA 535, 40 CMR 247, as to require a different result. While the law officer did not announce each element of desertion, he did, on the other hand, draw from Graan the acknowledgment that defense counsel had explained each separate element. However, the procedure followed in this case would not meet the standard that must apply to cases tried thirty days after the decision in United States v Care, supra.

Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.

Dissenting Opinion

FERGUSON, Judge:

I dissent. See my dissent in United States v Care, 18 USCMA 535, 40 CMR 247.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.