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The right extends through sentencing

  1. bestmilitarydefensedefenseattorneys10.01.59PMcopyEstelle v. Smith , 451 U.S. 454 (1981). “We can discern no basis to distinguish between the guilt and penalty phases . . . so far as the protection of the Fifth Amendment privilege is concerned.”
  2. United States v. Edwards , 35 M.J. 351 (C.M.A. 1992). “We must emphasize that trial counsel can only argue that an accused lacks remorse when that inference can be fairly derived from evidence before the court-martial. It cannot arise solely from an accused’s exercise of his or her rights.”