Waiver of argument
- United States v. McMahan , 21 C.M.R. 31 (C.M.A. 1956). Defense counsel has a right and duty to argue and should only waive argument in unusual circumstances.
- Defense counsel are not required to argue but need to have sound reasons for not doing so. United States v. Sadler , 16 M.J. 982 (A.C.M.R. 1983) (defense counsel was ineffective when he did not present any favorable matters or argue during the presentencing proceeding).
- Trial counsel may waive argument. R.C.M. 919(a) analysis, at A21-68.