Right to counsel
- The fact that the accused during official questioning and in the exercise of rights under the Fifth Amendment or Article 31 remained silent, refused to answer certain questions, or requested counsel is inadmissible against the accused. M.R.E. 301(f)(3).
- United States v. Zaccheus, 31 M.J. 766 (A.C.M.R. 1990). Trial counsel improperly commented on accused’s invocation of right to counsel.