United States v. Shelton

Appellant’s communications with his pastor were not protected under the clergy privilege. And, even if they were, his subsequent confessions to law enforcement and social work personnel were totally independent of the statements to the pastor. Thus, I respectfully dissent from the majority’s misapplication of Military Rule of Evidence (M.R.E.) 503, Manual for Courts-Martial, United States (2005 ed.) (MCM),1 and assuming there was a violation of M.R.E. 503, its failure to follow precedent of the Supreme Court and this Court concerning the attenuation of any taint.

BACKGROUND

Appellant’s wife…