United States v. Caiola

I dissent.

By the simple expedient of not just relaxing but, in reality, suspending the rules of evidence, simply because the testimony occurred during the sentencing portion of this court-martial, vis-a-vis the hearing on the merits, the author Judge finds no error in the impeachment of the accused by use of a pretrial inculpatory statement for which the record contains no evidence of a prior warning under Article 31, Uniform Code of Military Justice, 10 USC § 831, and Miranda v Arizona, 384 US 436, 16 L Ed 2d 694, 86 S Ct 1602 (1966). See also United States v Tempia, 16 USCMA 629, 37 CMR…