United States v. Lavine

Opinion of the Court

FLETCHER, Judge:

Approximately two months prior to his departure from the Republic of the Philippines, appellant imported an expensive car into the country via Manila, setting in motion the events leading to his conviction at general court-martial.1 We granted review of the following three issues:

*151I

WHETHER THE APPELLANT’S ADMISSIONS WERE OBTAINED IN CONTRAVENTION OF HIS ARTICLE 31 RIGHTS.

II

WHETHER THE MILITARY JUDGE’S INSTRUCTIONS SHIFTING THE BURDEN OF PROOF TO THE APPELLANT WERE PREJUDICIAL AS A MATTER OF LAW.

III

WHETHER THE GOVERNMENT WAS REQUIRED TO PROVE THAT THE…