Waiver of argument

  1. uscourtmartiallawyers19United 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.
  2. 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).
  3. Trial counsel may waive argument. R.C.M. 919(a) analysis, at A21-68.