Legal Opinion

United States v. Foecking

United States Court of Military Appeals

Decided November 17, 1972No. 25,663Published

1Opinion of the Court

Opinion of te Court

Quinn, Judge:

In the first of two issues presented by this appeal the accused challenges the admission iii evidence of a pretrial statement in which he implicated himself in the attempted murder of a chief petty officer. He contends the statement resulted from exploitation of a previous unauthorized search and seizure and an earlier improperly obtained statement as to his gun. See Wong Sun v United States, 371 US 471, 9 L Ed 2d 441, 83 S Ct 407 (1963); United States v Penman, 16 USCMA 67, 36 CMR 223 (1966).

Chief Roy Nixon was shot twice while asleep in his bunk; The shooting…

2Cases cited12 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. DeLeoUnited States Court of Military Appeals · 1954
  3. United States v. SpellerUnited States Court of Military Appeals · 1957
  4. United States v. BennettUnited States Court of Military Appeals · 1956
  5. United States v. AlanizUnited States Court of Military Appeals · 1958

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