# United States v. Adams

> United States Court of Military Appeals · May 19, 1972 · 21 C.M.A. 401

URL: https://www.frixlaw.com/law-library/cases/8575456

## Case

- **Full name:** UNITED STATES v. JAMES G. ADAMS, Machinist's Mate, Third Class, U. S. Navy
- **Court:** United States Court of Military Appeals
- **Decided:** May 19, 1972
- **Citations:** 21 C.M.A. 401; 21 USCMA 401; 45 C.M.R. 175; 1972 CMA LEXIS 739; 1972 WL 14148
- **Precedential status:** Published
- **Opinion:** Dissent by Duncan
- **Judges:** Darden, Duncan, Quinn
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8575456

## Opinion text

Duncan, Judge
(dissenting):
My review of the record leads me to conclude that the Government has not shown by the evidence that it was impracticable to permit the accused to consult with counsel upon request. I see no reason why he could not have been afforded the opportunity to consult counsel at Subic Bay while ashore and confined from February 28 to March 4. Such a procedure deprived the accused of a fundamental and essential right, the denial of which offends a well-ordered system of justice. See my expressed view on the subject of the right to consult counsel as stated in United States v Mason, 21 USCMA 389 , 45 CMR 163 (1972). I would reverse the decision of the Court of Military Review.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8575456. Public record. Not legal advice.