United States v. Butner

The Air Force Court of Military Review issued a pro forma opinion in this case affirming appellant’s conviction. In view of the sheer number of police investigatory improprieties in this case and the impact such practices, might have on the military justice system, I find its reticence surprising.

The question I will address is the admissibility of Cady’s testimony at appellant’s court-martial. In Michigan v. Tucker, 417 U.S. 433, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974), the Supreme Court upheld the admissibility of testimony of a witness discovered by the police as a result of a statement made…