United States v. Aguayo

BAUM, Senior Judge:

Appellant, citing United States v. Lewis, 9 MJ 936 (NCMR 1980), and cases cited therein, has summarily assigned as error that his conviction for disrespect in one of the specifications cannot be upheld because the disrespectful statement was obtained in violation of Article 31, Uniform Code of Military Justice, 10 U.S.C. § 831. The Government argues that, for the exclusionary rule to apply, the statement must be responsive to as well as relate to the subject matter of the inquiry for which an Article 31 warning was required. Based on Government counsel’s interpretation of…