Henry v. Warner

536 F.2d 303 Daniel Edward HENRY, etc., et al., Individually and on behalf of all persons similarly situated, et al., Intervenors, Plaintiffs-Appellees, v. Honorable John E. WARNER, Individually and in his capacity as Secretary of the Navy, et al., Defendants-Appellants. No. 73-1694. United States Court of Appeals, Ninth Circuit. May 17, 1976. Nathan Zahm (argued), Sherman Oaks, Cal., for appellee. Joel Levine and John E. Nordin, Asst. U. S. Attys. (argued), of Los Angeles, Cal., for defendants-appellants.OPINION On Remand Before ELY, HUFSTEDLER, and TRASK, Circuit Judges. PER CURIAM: 1 The District Court held that a military serviceman, charged with a military offense and scheduled to be tried by summary court martial, was entitled, as a matter of right, to be represented by counsel or a counsel substitute. We reversed the District Court's judgment, reported at 357 F.Supp. 495 (D.C.Cal.1973), and remanded the cause to the District Court for reconsideration in the light of our previous holding in Daigle v. Warner, 490 F.2d 358 (9th Cir. 1973). Henry v. Warner, 493 F.2d 1231 (9th Cir. 1974). The Supreme Court granted certiorari, reversed our court's judgment, and, in doing so,…