Legal Opinion

United States v. Shelton

Court of Appeals for the Armed Forces

Decided September 22, 2006No. 04-0359/ARPublishedCited by 17 opinions

1Opinion of the Court

Chief Judge GIERKE

delivered the opinion of the Court.

In the military justice system, the clergy privilege is “[o]ne of the most sacred privileges.”1 This privilege “ ‘recognizes the human need to disclose to a spiritual counsel- or, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive priestly consolation and guidance in return.’ ”2 Military Rule of Evidence (M.R.E.) 503 allows a person to prevent disclosure of a qualified confidential communication to a member of the clergy. Specifically, the clergy privilege allows an accused “to prevent another…

2Cases cited24 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Oregon v. ElstadSupreme Court of the United States · 1985
  3. Trammel v. United StatesSupreme Court of the United States · 1980
  4. United States v. CareUnited States Court of Military Appeals · 1969
  5. Jaffee v. RedmondSupreme Court of the United States · 1996

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. RaderCourt of Appeals for the Armed Forces · 2007
  2. United States v. WuterichCourt of Appeals for the Armed Forces · 2008
  3. United States v. BrooksCourt of Appeals for the Armed Forces · 2007
  4. United States v. NealCourt of Appeals for the Armed Forces · 2010
  5. United States v. KeefauverCourt of Appeals for the Armed Forces · 2015

12 more not listed; retrieve them via the Exa API.

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