United States v. Adams

BAKER, Chief Judge,

with whom RYAN, Judge, joins (dissenting):

This Court is riding a pendulum back and forth when it comes to the law on corroborating confessions. In eleven years, we have moved from one extreme in United States v. Seay, 60 M.J. 73 (C.A.A.F.2004), to the other extreme in United States v. Adams, 74 M.J. 137 (C.A.A.F.2015). In Seay, the Court found the appellant’s confession to stealing a wallet was corroborated by the fact — or more precisely the absence of the fact — that no wallet was found on the victim’s body. 60 M.J. at 80. From the absence of this fact, the Court made an…